Which of the Following Statements with Regard to the Tort

question 7

Multiple Choice

Which of the following statements with regard to the tort of negligence is False?

• A) If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence.
• B) To win his negligence case, the plaintiff must prove that the defendant owed him a duty of care, was below the standard of care the law requires, and thus caused him foreseeable damage.
• C) In most provinces, the standard of care imposed on an occupier has been modified by statute.
• D) For a person to completely escape liability for negligence on the grounds that the plaintiff volunteered to take the risk, the court would have to find that the plaintiff volunteered to accept the physical risk and the legal consequences as well.
• E) In negligence cases, the special provision of res ipsa loquitor must always be applied in order to establish liability.

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Definitions:

Solution Implementation

The process of putting a plan or solution into action in order to solve a problem.

Decision Making

The cognitive process of selecting a course of action from among multiple alternatives.

Functional Fixity

A cognitive bias that limits a person to using an object only in the way it is traditionally used, hindering problem-solving and creativity.

Feasible Solution

A practical and achievable resolution to a problem that can realistically be implemented.