Understanding Inherent Risk and Comparative Negligence Quiz
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Questions and Answers

What does actual notice refer to in the context provided?

  • When the premises owner becomes aware of a problem (correct)
  • When a landowner is protected from liability
  • When a danger is open and obvious
  • When a facility manager should have discovered a danger

    • Which organization type gets money from government support?

  • Nonprofit
  • For profit
  • LLP
  • Public (correct)

    • What is the main difference in liability treatment between a managing partner and a partner who only provides money in an LLP?

  • The partner who provides money is fully liable
  • The managing partner is responsible for liabilities (correct)
  • The managing partner is not liable
  • Both partners are equally responsible for liabilities

    • What does constructive notice refer to in the context provided?

    <p>When a facility manager should have discovered a danger</p> Signup and view all the answers

    Which organization type receives money from donations and grants?

    <p>Nonprofit</p> Signup and view all the answers

    In what type of business entity is one partner responsible for liabilities while another partner provides money but is not liable?

    <p>LLP</p> Signup and view all the answers

    What is the main difference between primary and secondary assumption of risk?

    <p>Primary assumption involves knowing the risks in the activity, while secondary involves contributing to the risks.</p> Signup and view all the answers

    What is inherent risk in the context of activities?

    <p>A risk that exists even without the activity taking place.</p> Signup and view all the answers

    In comparative negligence, what happens if the plaintiff is 50% responsible for their injuries?

    <p>They receive no compensation.</p> Signup and view all the answers

    How is foreseeability related to the concept of Act of God?

    <p>Foreseeability means being able to predict an event, which would not be considered an Act of God.</p> Signup and view all the answers

    When does something become an attractive nuisance?

    <p>When children trespass and are unaware of the danger.</p> Signup and view all the answers

    What risk management strategy should be used for an attractive nuisance?

    <p>Posting clear warning signs.</p> Signup and view all the answers

    What is the primary difference between primary and secondary assumption of risk?

    <p>Primary assumption of risk involves the plaintiff voluntarily assuming known risks, while secondary assumption of risk involves the defendant failing to uphold their duty of care.</p> Signup and view all the answers

    What is meant by inherent risk in negligence cases?

    <p>Inherent risks are risks that are present in any activity or situation and cannot be eliminated.</p> Signup and view all the answers

    How does comparative negligence differ from contributory negligence?

    <p>Comparative negligence allows the plaintiff to recover damages even if they are more than 50% at fault, whereas contributory negligence bars any recovery if the plaintiff is found to be at fault.</p> Signup and view all the answers

    What does foreseeability connected with Act of God imply in a negligence case?

    <p>Foreseeability connected with Act of God considers whether a reasonable person could have anticipated and guarded against the event.</p> Signup and view all the answers

    In a negligence case, what is the significance of distinguishing between primary and secondary assumption of risk?

    <p>The distinction between primary and secondary assumption of risk determines whether the defendant can be held liable for damages.</p> Signup and view all the answers

    How does foreseeability affect assessing liability in a negligence case?

    <p>Foreseeability plays a crucial role in establishing whether a defendant breached their duty of care.</p> Signup and view all the answers

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