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 (A)</p> Signup and view all the answers

Which organization type receives money from donations and grants?

<p>Nonprofit (B)</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 (D)</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. (D)</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. (D)</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. (B)</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. (D)</p> Signup and view all the answers

When does something become an attractive nuisance?

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

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

<p>Posting clear warning signs. (D)</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. (C)</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. (C)</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. (D)</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. (B)</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. (A)</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. (C)</p> Signup and view all the answers

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