Business Law Chapter 9

To use the __________ doctrine successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm

Assumption of the risk

In typical negligence cases, courts rarely award punitive damages, or __________ damages, which are imposed to punish the offender and deter others from committing similar offenses

Exemplary

__________ assumption of the risk occurs when the plaintiff expressly agrees (usually in a written contract) to assume the risk posed by the defendant's behavior

Express

The negligence __________ (literally, "negligence in or of itself") doctrine applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs

Per se

___________ is also known as "cause in fact," while __________ is sometimes referred to as "legal cause"

___________ is also known as "cause in fact," while __________ is sometimes referred to as "legal cause"

If the defendant successfully proves __________, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages

Contributory negligence

When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?

Does the defendant in the subject litigation have a prior criminal record, and if so, what is the nature of the prior criminal record (both in terms of the number and types of prior criminal offenses)?

Which of the following is not an essential element of negligence?

Intent to cause harm

__________ liability is liability without fault

Strict

The __________ doctrine allows the plaintiff to recover damages, despite proof of contributory negligence, as long as the defendant has a final clear opportunity to avoid the action that injured the plaintiff

Last-clear-chance