Share
Explore BrainMass

What is the key question a court needs to answer regarding t

1. What is the key question a court needs to answer regarding the conduct of the defendant when assessing whether the conduct was the proximate cause of the injuries in the case.

2. The elements required to establish a negligence case are 1) legal duty, 2) breach of duty, 3) proximate cause, and 4) actual harm.
True
False
3. Under the UCC, which of the following is NOT one of the implied warranties?
Warranty of fitness for a particular purpose
Warranty of merchantability
Warranty of guaranteed lifetime free replacement
Warranty derived from a course of dealing or usage of trade
4. Per our text, South Dakota has adopted which privity alternative under the UCC?
A
B
C
5. Punitive damages are never recoverable in a strict liability case.
True
False

Solution Preview

Answers to your homework questions:

1. What is the key question a court needs to answer regarding the conduct of the defendant when assessing whether the conduct was the proximate cause of the injuries in the case. --- Was the injury forseeable?

2. The ...

Solution Summary

What is the key question a court needs to answer regarding the conduct of the defendant when assessing whether the conduct was the proximate cause of the injuries in the case.

2. The elements required to establish a negligence case are 1) legal duty, 2) breach of duty, 3) proximate cause, and 4) actual harm.
True
False
3. Under the UCC, which of the following is NOT one of the implied warranties?
Warranty of fitness for a particular purpose
Warranty of merchantability
Warranty of guaranteed lifetime free replacement
Warranty derived from a course of dealing or usage of trade
4. Per our text, South Dakota has adopted which privity alternative under the UCC?
A
B
C
5. Punitive damages are never recoverable in a strict liability case.
True
False

$2.19