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the following is NOT an element in a negligence case: proximate causation the existence of a duty breach of the duty malice which of the

  1. the following is NOT an element in a negligence case:
    1. proximate causation
    2. the existence of a duty
    3. breach of the duty
    4. malice
  2. which of the following is Not an essential element in a bailment
    1. there is acceptance of delivery of possession by bailee
    2. there is an express agreement of understanding between the parties that the bailee will return the property to the bailor in the same or better condition than when it was received
    3. there is a delivery of possession of the property by the bailor to the bailee
    4. the property exchanging hands must be valued at $500 or more to qualify
  3. Which of the following is not true regarding limited liability statuses and a hotel's potential liability for its guest's missing or stolen property
    1. none of these are true
    2. hotels must conspicuously post notices throughout the hotel as mandated by the statute that there is a safe available for guests' valuables
    3. cars brought on to the property by hotel guests are covered by the limited liability statute
  4. which of the following is not true regarding Dram Shop and alcohol liability
    1. courts are lenient when it comes to enforcing liquor laws
    2. common law put the liability on the consumer rather than the seller/provider
    3. not all states have dram shop laws
  5. which of the following is a true statement regarding sexual harassment
    1. consent does not equal welcome conduct
    2. courts do not recognize same-sex sexual harassment
    3. quid pro quo sexual harassment applies only when the boss/harasser is a male
  6. which of the following is NOT an example of a trademark?
    1. Nike's swoosh symbol
    2. the Beatles song hey Jude
    3. McDonald's golden arches
    4. the word Starbucks

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