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1. The following is not an element of negligence. a. Breach of duty. b. Proximity. c. Duty of care. d. Injury/damages to the plaintiff. 2.
1. The following is not an element of negligence. a. Breach of duty. b. Proximity. c. Duty of care. d. Injury/damages to the plaintiff. 2. In order to design this course, the university had me sign a contract. This is an example of: a. Respondeat superior. b. An implied agency relationship. c. An expressed agency relationship. d. The doctrine of RICO. 3. During class, the window was left open, and a wasp was flying around me. Trying to get rid of the wasp. I waived a textbook that slipped from my hands and struck a student. The student suffered significant injuries and filed a lawsuit against me. A second lawsuit was filed against the university under the doctrine of: a. Equitable estoppel. b. Respondeat superior. c. Contributory negligence. d. Product liability. 4. As a student of the university, you were running late for class and didn't notice when you bumped into another student, that some of your coffee spilled, causing you to slip on the floor. You sustained injuries to your right knee, requiring surgery. You proceeded to file a lawsuit against the university. a. The attorney for the university will argue to the court that based on the motivation test, you aren't entitled to a recovery for damages. b. The attorney for the university will argue to the court that based on the doctrine of respondeat superior, you aren't entitled to a recovery for damages. c. The attorney for the university will argue to the court the university is located in a contributory negligence state, and thus, there is no liability on behalf of the university. d. None of the above. 5. Johnny is a beer vendor at the arena where the Miami Heat play. Johnny has become popular with several viral videos because when a patron wants beer, he throws the aluminum can of beer to the patron. His success has resulted in him receiving more tips than all the other venders combined. However, during the playoffs, the patron was distracted when Johnny tossed the can of beer, hitting the patron on the side of the head who suffered from cuts, bruises, and a migraine headache for three days. a. If Florida uses the work-related test, the Miami Heat would be responsible because they are responsible for Johnny's acts during work hours. b. If Florida uses the motivation test, the Miami Heat wouldn't be responsible because Johnny's act of throwing beer was in furtherance of him getting bigger tips. c. If Florida uses the work-related test, Johnny's act of throwing cans of beer to patrons is not related to his employment. d. None of the above
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