Here are the facts. Frodo Baggins sues Samwise Gamgee for injuries caused by Samwise's release of a chemical into Frodo's groundwater. As it happens, Samwise also violated a regulation regarding the disposal of the chemical that caused injury to Frodo. Assume that the regulation's purpose is to prevent groundwater contamination. What theory might Frodo invoke to shift the burden of proof to Samwise to prove that he was not negligent?

Select one:

a.

negligence per se

b.

negligence stare decisis

c.

negligence carpe diem

d.

negligencetempus fugit

In the lawsuit by Frodo against Samwise, what must Frodo establish to the satisfaction of the court to shift the burden of proof to Samwise?

Select one:

a.

That the regulation was promulgated according to correct administrative procedure

b.

That Frodo is a member of the class of people the regulation was enacted to protect

c.

That Frodo lives within only a short distance from Samwise's operation.