Question
In Kuehn in order to determine whether Pub Zone owed a duty Kuehn, the court stated that [w]hether a duty exists depends upon an evaluation
InKuehnin order to determine whether Pub Zone owed a duty Kuehn, the court stated that "[w]hether a duty exists depends upon an evaluation of a number of factors including the nature of the underlying risk of harm, that is, its foreseeability and severity, the opportunity and ability to exercise care to prevent the harm, the comparative interests of and the relationships between or among the parties, and, ultimately, based on considerations of public policy and fairness, the societal interest in the proposed solution."
Part 1:As we've seen in the materials in Unit 1.1, rules can include elements or factors.(a)Does the rule stated above fromKuehnuse elements or factors?(b) Does the stated criteria need to be met to satisfy the rule?
Part 2:(a)What does the "nature of the underlying risk of harm" mean? Give an example from the materials or you can mention relevant hypothetical.(b)What does "its foreseeability and severity" mean? Give an example from the materials or you can mention relevant hypothetical.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started