4_Negligence

What are the key elements required to establish negligence?

• Agreement, capacity, and consideration

• Duty of care, breach of duty, causation, and damages

• Intention, offer, and acceptance

• Strict liability and proximate cause

Which of the following statements best defines 'Res Ipsa Loquitur'?

• The law applies strict liability for all negligence cases.

• The burden of proof shifts to the defendant when the injury itself implies negligence.

• A person cannot recover damages if they contributed to their own injury.

• A contract must be performed exactly as agreed by both parties.

Under which legal doctrine can an employer be held liable for the negligent acts of their employees?

• Assumption of risk

• Comparative negligence

• Respondeat superior

• Last clear chance rule

What is the main difference between contributory negligence and comparative negligence?

• Contributory negligence allows partial recovery, while comparative negligence bars recovery entirely.

• Comparative negligence allows recovery based on the degree of fault, while contributory negligence bars recovery if the plaintiff is even slightly at fault.

• Contributory negligence applies only to intentional torts, while comparative negligence applies only to strict liability cases.

• Comparative negligence applies to criminal cases, while contributory negligence applies to civil cases.

Which type of damages is awarded to punish the defendant and deter others from similar conduct?

• Special damages

• General damages

• Punitive damages

• Compensatory damages