Understanding Inherent Risk and Comparative Negligence Quiz

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18 Questions

What does actual notice refer to in the context provided?

When the premises owner becomes aware of a problem

Which organization type gets money from government support?

Public

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

The managing partner is responsible for liabilities

What does constructive notice refer to in the context provided?

When a facility manager should have discovered a danger

Which organization type receives money from donations and grants?

Nonprofit

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

LLP

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

Primary assumption involves knowing the risks in the activity, while secondary involves contributing to the risks.

What is inherent risk in the context of activities?

A risk that exists even without the activity taking place.

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

They receive no compensation.

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

Foreseeability means being able to predict an event, which would not be considered an Act of God.

When does something become an attractive nuisance?

When children trespass and are unaware of the danger.

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

Posting clear warning signs.

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

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.

What is meant by inherent risk in negligence cases?

Inherent risks are risks that are present in any activity or situation and cannot be eliminated.

How does comparative negligence differ from contributory negligence?

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.

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

Foreseeability connected with Act of God considers whether a reasonable person could have anticipated and guarded against the event.

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

The distinction between primary and secondary assumption of risk determines whether the defendant can be held liable for damages.

How does foreseeability affect assessing liability in a negligence case?

Foreseeability plays a crucial role in establishing whether a defendant breached their duty of care.

Test your knowledge on inherent risk and comparative negligence. Learn about inherent risk as a known risk in an activity and how comparative negligence affects the amount a plaintiff can collect in different situations.

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