During a softball game, Nikita who is visiting the United from eastern Europe, is sitting in the stands behind the home plate. There is supposed to be a backstop to protect spectators who sit behind home plate, but it is not in place. Nikita has never seen softball game, knows nothing about it and does not understand the danger of sitting there without a backstop. During the game he is struck and injured by a ball. Can Nikita recover for his injury?

Select one:

a.no, because Nikita should have realized the danger of sitting behind home plate without a backstop

b.yes, because Nikita is a guest in the United States and has right to be protected from softballs

c.yes, because there is a law that protects guests in the United States from unanticipated injuries

d.yes, because the defense of assumption of risk is not available where the injured party did not know of the risk involved

e.yes, because Nikita paid for his ticket to game

An example of a breach of the duty of care in a medical negligence lawsuit is:

Select one:

a.the failure to explain the surgical procedures

b.obtaining the patient's consent to the procedure

c.the surgeon is late for the operation

d.the surgeon operates on the wrong kidney

e.the failure to provide the privacy statement

Most __________________ agreements contain an arbitration clause stating that the parties agree to binding arbitration in the event of a dispute.

Select one:

a.homeowner

b.aircraft management

c.employment

d.land contract

e.purchase

The most common remedy that plaintiffs request is

Select one:

a.an injunction

b.specific performance

c.a deposition

d.admissions

e.money damages