Assumption Of Risk Requires Wanting The Harm
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
19174_retreat_blast_zone · TORTS · Choice AThe blasting company cannot be strictly liable because building retreat access trails is always useful to the public.
Why it's attractive
The word always turns one factor into a total defense.
Why it's wrong
The word always turns one factor into a total defense.
19174_retreat_blast_zone · TORTS · Choice BPeter loses only if he intended to be hit by the flying stone.
Why it's attractive
The word only adds a mental state the Gold Key does not require.
Why it's wrong
The word only adds a mental state the Gold Key does not require.
19174_retreat_blast_zone · TORTS · Choice DThe blasting company used reasonable care in roping off the blast area and posting warning signs.
Why it's attractive
Strict liability makes defendant care the wrong use of the warning facts.
Why it's wrong
Strict liability makes defendant care the wrong use of the warning facts.
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