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Lecture 14

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COMM 300
Paul Lester

- Chyna acted as Evan's accountant. In the course of her professional duties, she made a mistake that caused Evan to lose $100 000. Evan has sued Chyna for negligence. She claims, however, that she did not breach the standard of care. Chyna can avoid liability by proving that o her mistake seems careless only in hindsight - Jennet recently sued Lamda Corp for failing to warn her about the risks associated with a widget that it manufactured and that caused her to suffer an injury. Lamda Corp seeks to avoid liability on the basis of the learned intermediary rule. Which of the following statements is TRUE o none of the above - You work as a risk management advisor for Sigma Ltd. Sigma Ltd intends to place a new type of widget on the market. It wants to know what steps it should take with respect to warning people about the dangers associated with that type of widget. Which of the following statements is TRUE o Sigma Ltd is not required to warn about every possible danger that it knows about when a widget is sold - Which of the following statements most accurately describes the but-for test o The defendant may be held liable if the answer to the but-for test is "no." - Which of the following statements is TRUE with respect to the issue of factual causation in negligence? o none of the above - Selena has cancer. She has sued the Tau Corp for negligence. She claims that her condition was caused by fumes that the Tau Corp carelessly allowed its factory to emit. Which of the following statements is TRUE with respect to the issue causation o If Selena proves that there is a 65 percent chance that her condition was caused by Tau Corp's carelessness, she will receive 100 percent of her damages - Diana and Naomi both carelessly shot in Randall's direction at the same time. He was struck by one bullet. He can prove that the bullet came from either Diana's gun or from Naomi's gun, but he has no way of determining which woman shot him. Which of the following statements is TRUE o Diana and Naomi will be held jointly and severally liable even though Randall cannot satisfy the requirement of causation in the usual way - The concept of remoteness o is relevant only if the defendant in fact carelessly caused the plaintiff's loss - Kendra suffered a broken back as a result of Duncan's carelessness. Duncan has argued, however, that Kendra's injury is remote from his carelessness, and that he therefore cannot be held liable. Which of the following statements is TRUE o Duncan cannot be held liable unless the type of injury that Kendra suffered was reasonabl
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