Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express English Legal System

Authors: Emily Finch, Stefan Fafinski

8th Edition

1292295457, 978-1292295459

More Books

Students also viewed these Law questions