Business Law: Negligence

The video tutorial covers the concept of negligence, a major type of tort in law. It explains negligence as a failure to act as a reasonable person would, leading to harm. The tutorial outlines the four criteria for negligence: duty, breach of duty, actual and proximate cause, and injury. It provides examples to illustrate these elements, such as Arnold's case with his landlady. The video also discusses defenses against negligence, including contributory negligence, comparative fault, and assumption of risk, with examples to clarify each concept.

What is the primary difference between negligence and intentional torts?

• Negligence requires a contract.

• Negligence is a criminal act.

• Negligence occurs without intent to harm.

• Negligence involves intent to harm.

In the context of negligence, what does 'duty' refer to?

• A legal obligation to act in a certain way.

• A moral obligation to help others.

• A requirement to follow all laws.

• A personal choice to avoid risks.

In the example of Arnold and Ms. Perturb, what was the breach of duty?

• Arnold's failure to warn Ms. Perturb.

• Arnold's lack of intent to harm.

• Arnold's careless handling of explosive materials.

• Arnold's refusal to pay damages.

What must be proven for a breach of duty to be considered the actual and proximate cause of harm?

• The harm was minor and insignificant.

• The harm was caused by a third party.

• The harm was a direct and logical result of the breach.

• The harm was an unforeseeable consequence.

Which of the following is NOT a defense against negligence?

• Contributory negligence

• Strict liability

• Assumption of risk

• Comparative fault

How does comparative fault differ from contributory negligence?

• Comparative fault requires a written agreement.

• Comparative fault does not allow any recovery if the plaintiff is at fault.

• Comparative fault allows partial recovery even if the plaintiff is partly at fault.

• Comparative fault is only applicable in criminal cases.

What does the assumption of risk defense imply?

• The plaintiff was forced into a risky situation.

• The defendant provided no warning of the risks.

• The plaintiff voluntarily accepted the risks.

• The defendant was unaware of the risks.