answered to pass
Legal Liability is established in three ways: - correct answer ✔✔1. A party has committed a tort.
( Either Intentional or Unintentional)
2. A person violates a statute or law. (Strict Liability)
3. A person or organization assumes the responsibility of another through a contract.
(contractual liability)
Unintentional Tort - correct answer ✔✔Negligence is often defined as failure to exercise that
amount of care an ordinary, reasonable prudent person is required to use to protect others
from unreasonable risk of harm or injury.
Measures of Negligence - correct answer ✔✔1. Prudent Person Concept
2. Elements of Negligence
Prudent person concept - correct answer ✔✔less formal more intuitive measure of negligence
that examines the care used by a person who allegedly commits negligence and compares that
care with what is reasonably expected. (can be used by a judge or jury)
Elements of Negligence (4) - correct answer ✔✔1. Legal Duty/ Standard of Care
2. Breach of Duty
3. Proximate Cause
4. Actual Loss or Damage
Legal Duty/ Standard of care - correct answer ✔✔A customer walks in to a restaurant; a duty
relationship is automatically established. the customer is a guest and has an implied invitation