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TRUE OR FALSE: 1. Harry is drunk and driving his car 15 miles over the speed...

TRUE OR FALSE:

1. Harry is drunk and driving his car 15 miles over the speed limit. He hits Angelina who is crossing the street on foot against a red light (Harry has the right of way). Angelina has over $100,000 in medical bills and has significant pain and suffering. If Angelina sues in a state that follows the theory of contributory negligence, she will get nothing.

2. A person cannot be guilty of negligence if they have no duty owed to the plaintiff.

3. Janet is driving when she sees an accident occur a half mile in front of her. Sarah has negligently swerved her car forcing Lindsay off the road into a tree. Lindsay is thrown from the car and appears injured. Janet stops to render aid and while helping Lindsay, she slips and breaks her leg. Sarah will be liable in negligence for Janet’s injury if Janet can show that Sarah owed her a duty of care, she breached that duty, but-for Sarah’s negligent conduct she would not have suffered her injuries and that Janet suffered actual damages.

4. A party injured by another's negligence but who is found to have committed comparative negligence will recover nothing.

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Answer #1

1.TRUE

If she sues in a state that follows a eory of contributory negligence, she would not get anything as Harry had the right of way and also she had over $100000 in medical bills and had severe pain and suffering. But if she sues in a state of comparative negligence, she will get compensation as Harry was drunk.

2.FALSE

An obligation of care is a legitimate commitment which is forced on an individual expecting adherence to a standard of sensible consideration while playing out any demonstrations that could predictably hurt others. It is the main component that must be built up to continue with activity in carelessness.

3.FALSE

Sarah will not be liable in negligence to Janet's injury, but she will be sued for Lindsay's. Janet's was an accidental injury which has nothing to do with sarah.

4.FALSE

Some percentage of the payment will be recovered by the party as it is comparitive negligence.

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