Asked by Matthew Mihatov on Jul 24, 2024
Verified
As a result of careless driving, Mr. Boz accidentally knocked Mr. Alder, a seventy-year-old man, off his bike. Mr. Alder broke his arm and collar bone. Because of a rare disease, there was little likelihood that the breaks would heal properly, if at all. In effect, unlike most who would suffer those breaks, he lost the use of his right arm. Mr. Alder sued Boz for negligence. The court held Boz liable. With regard to the question of the amount of damages to be paid by the defendant, which of the following is correct?
A) It should be an amount to cover the full extent of the injury suffered.
B) It should be an amount to cover the extent of injury that would have been suffered by a reasonable man.
C) It should be an amount to cover the extent of injury that would have been suffered by the average man.
D) In should be an amount to cover the extent of injury that would have been suffered by the average seventy-year-old man, because a reasonable man would not have foreseen the extent of injury actually suffered.
E) It should be no compensation at all because of Mr. Alder's rare condition.
Rare Disease
A rare disease is a health condition that affects a small percentage of the population, often lacking sufficient medical knowledge and treatment options due to its rarity.
Negligence
The failure to exercise a level of care that a reasonably prudent person would under similar circumstances, leading to harm or damage.
Damages
Compensation or monetary award given to a party in a legal action for injury or loss caused by the wrongdoing of another.
- Familiarize oneself with the key tenets and defensive tactics applicable to negligence in tort law.
- Understand the principles surrounding contributory negligence and voluntary assumption of risk.
Verified Answer
KC
Kassidy ChickJul 25, 2024
Final Answer :
A
Explanation :
The principle of "take your victim as you find them," often referred to as the "Eggshell Skull Rule," applies here, meaning the defendant is liable for the full extent of the victim's injuries, even if those injuries are more severe due to a pre-existing condition.
Learning Objectives
- Familiarize oneself with the key tenets and defensive tactics applicable to negligence in tort law.
- Understand the principles surrounding contributory negligence and voluntary assumption of risk.