Accident Implies Breach
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
15209_esther_cookie_cart_nps · TORTS · Choice AGrant Daniel's motion, because of Esther's admitted ordinance violation.
Why it's attractive
The choice turns an admitted violation into an automatic plaintiff win.
Why it's wrong
The choice turns an admitted violation into an automatic plaintiff win.
15209_esther_cookie_cart_nps · TORTS · Choice CDeny both motions and submit the case to the jury, because the jury may consider the ordinance violation as evidence that Esther was negligent.
Why it's attractive
The choice stops at the fact of violation instead of asking what the ordinance was designed to prevent.
Why it's wrong
The choice stops at the fact of violation instead of asking what the ordinance was designed to prevent.
15209_esther_cookie_cart_nps · TORTS · Choice DDeny both motions and submit the case to the jury, because, on the facts, the jury may infer that Esther was negligent.
Why it's attractive
The choice asks the jury to infer negligence from the accident, but the stem says the only negligence evidence was the ordinance admission.
Why it's wrong
The choice asks the jury to infer negligence from the accident, but the stem says the only negligence evidence was the ordinance admission.
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