Question

BUSINESS LAW 1

14 . Which of the following is required for a negligence claim?

a) the defendant had a duty to the plaintiff

b) the defendant a cted with malice

c) the plaintiff did not consent to the defendant’s act

d) the defendant knew that injury was substantially certain to result

from his act ____

15 . When a contract provides an agreed - upon measure of damages for breach because

the parties anticipate that actual damages in the event of breach would be uncertain

or difficult to prove, the agreed - upon damages are called:

a) expectation damages

b) reliance damages

c) actual damages

d) liquidated damages ___

Answer 1

14. a. the defendant had a duty to the plaintiff

In general, terms, when someone is acting carelessly and the act (or the inaction) results in an injury, the “negligence” clause and principle apply to the situation. The person committing the negligence is legally liable to the person that has suffered harm. The important elements of a negligence claim include:

1. Duty- the defendant has a legal duty of care to the plaintiff under the given circumstances (as in the case of doctor-patient relationship).
2. Breach- the defendant did not fulfill the duty by acting in a given and certain way in which a reasonably prudent and average person would have acted.
3. Causation- the defendant’s action or absence of it caused a harm/injury/loss to the plaintiff.
4. Damages- the plaintiff got injured or was hurt in other ways because of the action or inaction of the defendant (the breaching party). The court will direct the defendant to compensate for the damages that occurred to the plaintiff.

15. d. liquidated damages

Also called as liquidated and ascertained damages, the liquidated damages are damages whose compensation amount is designated during the formation of the contract itself. If breach damage actually occurs, the predesignated compensation amount will be collected by the injured party. Liquidated damages are for specific breaches, for instance, late performance.