Asked by Maxine Wiebenga on Jul 12, 2024
Verified
In which of the following would the plaintiff not succeed in an action for negligence?
A) A real-estate agent accidentally forgot to lock the back door of the house he had just shown. Before the owner returned, someone broke in and stole the TV. The owner sued the agent.
B) A real-estate agent failed to check the zoning and assured the purchasers that they could build a duplex on the property. Relying on that statement, they purchased the property.
C) Shunan was made sick by drinking a contaminated cola bought for her by her friend Fred. She sued the manufacturer.
D) Dr. Alberts used the skill of a reasonable doctor in that field, but the patient did not respond to the treatment and lost hearing in one ear. She sued the doctor.
E) Pradeep was hurt when a driver of a Gino's pizza truck carelessly ran through a yellow traffic light on his way to deliver a pizza. Pradeep sued the driver and Gino, his employer, although Gino wasn't even in the truck.
Real-Estate Agent
A licensed professional who represents buyers or sellers in real estate transactions, providing guidance, negotiation, and expertise.
Contaminated Cola
A scenario or product where cola or soft drink is tainted or polluted, causing potential harm to consumers.
Zoning
Regulations governing the use and development of land to shape urban growth and land use.
- Identify situations where a plaintiff may not succeed in an action for negligence due to the circumstances surrounding the duty of care and its breach.
Verified Answer
MS
Manpreet SandhuJul 16, 2024
Final Answer :
D
Explanation :
In D, Dr. Alberts used the skill of a reasonable doctor in that field, which means he met the standard of care expected of a professional in his position. Negligence requires a breach of duty, and in this case, Dr. Alberts did not breach his duty to the patient.
Learning Objectives
- Identify situations where a plaintiff may not succeed in an action for negligence due to the circumstances surrounding the duty of care and its breach.