In an Action in Negligence, in Deciding Whether a Breach

question 37

Multiple Choice

In an action in negligence, in deciding whether a breach of duty caused a particular harm, the judge must be satisfied:

• A)that there was no contributory negligence by the plaintiff.
• B)that there was factual causation and that the scope of liability extends to the particular harm.
• C)that the plaintiff did not voluntarily assume the risk.
• D)that the harm suffered was not insignificant.

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Definitions:

Hypothesis

A proposed explanation for a phenomenon, made as a starting point for further investigation.

Positive Symptoms

Features added to a person's normal behavior, including hallucinations and delusions, typically associated with schizophrenia.

Objectively Observed

The act of monitoring or noticing something without the influence of personal feelings, interpretations, or prejudice; based purely on factual evidence.

Sluggish Schizophrenia

A controversial concept in psychiatry, no longer widely recognized, that was characterized by a gradual onset and progression of symptoms.