A Seven-Year-Old Boy Followed His Dog into Mr

question 48

Multiple Choice

A seven-year-old boy followed his dog into Mr. Howe's backyard. He fell into a large hole dug by Mr. Howe in preparation for a tree that had been ordered. The boy broke his arm in the fall. At the hospital, the boy was treated by a doctor who had been employed there for four years. The doctor did not set the boy's arm because he made a mistake in reading the x-ray. Because the arm was not treated correctly, it healed improperly. When the boy kept complaining, his mother took him to their family doctor, who discovered the error. The boy had to have his arm rebroken so that it could be set properly. Based on these facts, which of the following is true?

• A) The owner of the land owed no duty of care to the boy because the boy was a trespasser.
• B) The case law that developed over hundreds of years on the duty of care owed by occupiers of land has priority over any subsequent legislation on the point.
• C) The doctor owed a duty of care to the boy, but he only had to meet the standard of care expected of the average man.
• D) The hospital, not the doctor, would be solely liable for any harm suffered due to the negligence.
• E) In an action against the land owner, if the boy were found to be partially at fault for his injury, the court would apportion the award of damages as it apportioned the fault.

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Definitions:

Great Awakening

A series of religious revivals in the American colonies during the 18th century, which emphasized individual piety and being born again.

Methodist

A Christian denomination characterized by its emphasis on practical holiness, service, and theological traditions originating from the teachings of John Wesley.

Assembly Party

A political group or gathering organized to debate and make decisions, often within a legislative or parliamentary context.

James Oglethorpe

A British soldier, Member of Parliament, and philanthropist, best known for founding the colony of Georgia in America as a place for debtors and poor individuals.