Bob,a Weak Swimmer,ignored Warning Signs in a Recreational Swimming Area

question 42

Multiple Choice

Bob,a weak swimmer,ignored warning signs in a recreational swimming area and went into deep water.He soon grew tired and realized that he could not make it back to shore.Seeing Kelly,he cried out for help.Kelly,however,ignored the pleas.Bob was finally saved by Dorothy but suffered brain damage from being submerged during the ordeal.Bob now sues Kelly for negligence for failing to try to save him.Bob will

• A)prevail because society places a duty on people to help each other and Kelly breached this duty,resulting in Bob's injury.
• B)lose because Kelly had no legal duty to rescue him.
• C)lose even though Kelly had a legal duty to save him,since Bob will not be able to prove that Kelly's failure to act was the proximate cause of his injuries.
• D)lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.

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Definitions:

Consent Order

A statement in which a company agrees to stop disputed behavior but does not admit that it broke the law.

Federal Trade Commission

An independent agency of the United States government, established in 1914 to prevent unfair business practices and to protect consumers.

Illegal Behavior

Actions or activities that are forbidden by law and subject to criminal penalties or fines.

Half-Truth

Information that is true but is not complete.