9. The elements of res ipsa loquitor that a plaintiff must establish in a product liability lawsuit include all of the
following except:
a.
The defendant breached his or her duty of care.
b.
The defendant had control over the product in question while it was being manufactured.
c.
Under normal circumstances, the product would not cause damage or harm, but damage or harm has
occurred in the case in question.
d.
The behavior of the plaintiff did not significantly contribute to the harm caused.
10. Describe the differences between contributory and comparative negligence.
Endnotes
Baime. E. (2018). Fundamentals of tort law. Retrieved from: https://nationalparalegal.edu/
FundamentalsTortLaw.aspx.
Cornell Law School. (n.d.). Tort. Retrieved from: https://www.law.cornell.edu/wex/tort.
Kionka, E. J. (2013). Torts (5th ed.). St. Paul, MN: West Academic Publishing. Retrieved from:
https://lscontent.westlaw.com/images/content/Torts5th.pdf.
Baime. E. (2018). Fundamentals of tort law. Retrieved from: https://nationalparalegal.edu/
FundamentalsTortLaw.aspx.
CCBC Legal Studies (n.d.) Strict liability. Retrieved from: https://ccbclegalstudiesbusinesslaw.wordpress.com/
unit-1-foundations-of-law/torts/strict-liability/.
Kionka, E. J. (2013). Torts (5th ed.). St. Paul, MN: West Academic Publishing. Retrieved from:
https://lscontent.westlaw.com/images/content/Torts5th.pdf.
Chapter 6 The Tort System
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