Asked by Brooke Thompson on Jun 11, 2024
Verified
In which of the following would the plaintiff not succeed in an action for negligence?
A) A zoning officer carelessly told Mr. Lee that the lot was zoned "commercial," but it was really zoned "duplex." Lee lost $85,000 by relying on this information.
B) An accounting firm made a mistake in the audited financial statements, which caused an investor to lose $20,000. The firm knew the investor was going to rely on the statements to invest.
C) May was made sick by drinking a contaminated cola, bottled by Black, bought for her by her friend Fred from Green.
D) Dr. Zotsky used the skill of a reasonable doctor in his field, but his patient did not respond to the treatment and lost sight in one eye.
E) Nick was a willing passenger when Alex was driving at 140 km/h. He was hurt when the car slid on wet pavement and crashed. The court found Nick took the physical risk, but never took the legal risk.
Zoned "Commercial"
A designation given to an area by a local government, indicating that the land is intended for use by businesses to conduct retail, wholesale, service, or other types of commercial activities.
Contaminated Cola
A scenario where a cola or soft drink becomes impure or unsafe for consumption due to the presence of harmful substances.
Audited Financial Statements
Financial reports (income statement, balance sheet, and cash flow statement) of a company that have been reviewed and certified by a certified public accountant (CPA) to ensure accuracy and compliance with accounting standards.
- Learn the basic constructs and defensive strategies in the realm of tort law, particularly negligence.
- Detect the circumstances that impose a duty of care and the methods for judging negligence.
Verified Answer
LR
Lindsey RodmanJun 13, 2024
Final Answer :
D
Explanation :
Dr. Zotsky's use of reasonable skill within his field, despite the unfortunate outcome, does not constitute negligence. Negligence requires a breach of duty that causes harm, and in this scenario, Dr. Zotsky fulfilled his duty by adhering to the standard of care expected of a reasonable doctor.
Learning Objectives
- Learn the basic constructs and defensive strategies in the realm of tort law, particularly negligence.
- Detect the circumstances that impose a duty of care and the methods for judging negligence.