What is comparative negligence

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1. What is "comparative negligence?"

A) Comparative negligence is another term for strict liability

B) Comparative negligence reduces a plaintiff's recovery if the plaintiff was partly at fault

C) Comparative negligence increases the recovery of plaintiff's in case where the defendant engaged in the especially bad behavior.

D) Comparative negligence compares the negligence of one case against the negligence involved in similar cases.

2. Beth agrees to buy a monthly supply of "bath salts" from Carl for her store ( the bath salts are a chemical compound that is used as a mood altering drug). The state of MN passes a law outlawing the "bath salts" that are the subject of the contract between Beth and Carl. Beth and Carl's contract is?

A) Binding on both parties unless either party decides to cancel the contract based on the MN law.

B) binding and enforceable

C) Not valid for lack of consideration

D) void because you cannot form a contract for an illegal item

3. Yu rents out All Terrain Vehicles for customers to ride on his property along the Mississippi River. Yu makes each renter sign a contract agreeing to pay for the rental and also agreeing to hold Yu harmless for any injuries they suffer while riding the ATV: including " any injuries suffered as a result of Yu's failure to adequately maintain the ATV." Peter rents an ATV and the ATV engine explodes due to poor maintenance by Yu, while Peter is riding under normal conditions at a reasonable speed. Peter is burned and sues Yu. Which best describes the likely result?

A) Yu will win because Peter is a competent adult and he agreed to the contract not holding Yu liable.

B) Peter will win because in no case is an exculpatory clause enforceable. Yu will win because Peter is more than 50% at fault.

C) Peter will likely win a lawsuit because Yu cannot use an exculpatory clause to disclaim his own liability in his matter.

4) Farrid tells the local Copy Store that he needs his $50 copy order finished by 5:00 or he will lose $1,000. The copy store says it understands promises to deliver the copies by 5:00. The copy store fails to deliver the copies by 5:00. Farrid sues the Copy Store, what's the likely outcome?

A) Farrid will win the full $50 order cost of the copies for "breach of contract"

B) The copy store will owe Farrid damages under the tort of wrongful interference with a contractual relationship

C) Farrid will win the $1,000 as consequential damages for the Copy Store's failure.

D) Farrid will not prevail because its common for copies to be late.

5) John and Steve are playing one-on-one basketball. John charges Steve bumping into him and fouling Steve. Steve is angered by this. Later, Steve thinks John is charging him again and rather than letting JOhn bump into him, Steve punches John in the face knocking him down (not part of the game). John sues Steve for the injury. What is the likely result?

A) Steve battered John and would be liable to John for any damages.

B) John assumed the risk of basketball and being injured while playing and cannot recover from Steve.

C) JOhn consented to play the sport of basketball with Steve and cannot sue and win after he is injured.

D) Steve was negligent in how he played basketball and will have to pay for the injury.

Reference no: EM132227337

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