Asked by Surinder Gujral on Jul 12, 2024
Verified
Which of the following statements with regard to the tort of negligence is true?
A) If a person is injured by a defective product that he himself did not purchase, he cannot sue the manufacturer for negligence.
B) If the court finds contributory negligence, the defendant has no liability at all.
C) If physical injury can be foreseen as the result of a person's actions, the wrongdoer will be not be liable for all the injury suffered.
D) A possible defence to the plaintiff's claim of negligence is that the plaintiff volunteered to take the risk.
E) The test used to determine whether a duty of care is owed is this: would a below-average person foresee that the plaintiff could be affected by the acts of the defendant?
Duty of Care
The legal obligation to avoid acts or omissions that could foreseeably harm others, commonly applied in negligence cases.
Defective Product
An item that lacks the safety someone would reasonably expect, posing potential risks of injury or malfunction.
Plaintiff's Claim
A plaintiff's claim is a formal accusation or allegation made in a court by the plaintiff, starting legal proceedings against the defendant.
- Acquire knowledge on basic notions and legal safeguards in relation to negligence torts.
Verified Answer
KH
Kalissa HowardJul 15, 2024
Final Answer :
D
Explanation :
A possible defence to a claim of negligence is the concept of "volenti non fit injuria," which means that someone who voluntarily puts themselves in a position where harm might occur cannot then sue if harm does occur. This principle applies when the plaintiff has knowledge of the risk and voluntarily accepts this risk, thereby absolving the defendant of liability for damages that result from the acknowledged risk.
Learning Objectives
- Acquire knowledge on basic notions and legal safeguards in relation to negligence torts.