What is negligence? Explain the four elements of negligence.Provide an example of a case involving strict liability? Provide an example of the following types of damages:
What is negligence? Explain the four elements of negligence.Provide an example of a case involving strict liability? Provide an example of the following types of damages:
Assignment 9, Chapter 19 NAME _________________________
FIN 3610
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Provide an example of a case involving strict liability? Provide an example of the following types of damages:
Compensatory damages (special damages and general damages)
Compensatory damages are awards that compensate injured victims for losses actually incurred. Compensatory damages include both special damages and general damages. Special damages are awards for losses that can be determined and documented, such as medical bills and lost wages. General damages are awards that cannot be specifically measured or itemized, such as pain and suffering, disfigurement, or loss of the companionship of a spouse.
Punitive damages
Punitive damages are designed to punish people or organizations so that others are deterred from committing the same wrongful act.
What is negligence? Explain the four elements of negligence.
Negligence is defined as the failure to exercise the standard of care required by law to protect others from harm.
There are four elements of negligence:
Existence of a legal duty to use reasonable care
Failure to perform that duty
Damages or injury to the claimant
Proximate cause relationship
Describe the following legal defenses that can be used by defendants who are accused of negligence:
Contributory negligence
Under a contributory negligence law, if the injured person contributed in any way to the accident, he or she cannot collect damages.
Comparative negligence
Under a comparative negligence law, the injured person could collect, but the damage award would be reduced.
Last clear chance rule
Under the last chance rule, the plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so.
Assumption of risk doctrine
Under the assumption of risk doctrine, a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of injury.
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