Answer the questions below thank you. 9. What are the elements of Negligence? List and define them and what each one is looking for in yourown words. Check the PowerPoint and the book.10. (Use Negligence for this Hypothetical and the Questions that follow) Mike, who owns a dive shop inthe U.S. decides to take a group of his customers diving in U.S. waters. Mike is aware that the areawhere the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting raysare usually tame, they can become aggressive when fed. Mike does not reveal that information to thegroup of divers going with him. The divers go down into the water and some have squid with which tofeed the sting rays. During the dive, one of the sting rays becomes agitated and latches onto diverSusie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from hermouth and is in considerable difficulty. Another diver, Billy, encounters a shark which snaps at him.Fortunately, the shark does not bite him but does damage his diving equipment. He is also in distress.Mike, who is in charge of the dive, does nothing but return to the boat because the dive turned out tobe more trouble than expected. Wendy, another diver on the trip, also returns to the boat withoutdoing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who arein distress. He manages to do so but in the process he pulls his back and requires medical care. Alldivers return to the boat very unhappy with Mike.a. The diver who had damaged equipment because of the shark incident wants to sue Mike fordamages. Which of the following is the most likely result?A. He will win because Mike should have warned him about the occasional appearance ofsharksB. He will lose because Mike had no duty to warn him of anythingC. He will lose because he did not sustain physical injuryD. He will win only if he can establish that he had a contract with Mike whereby Mike wouldreveal harmful conditionsb. Which of the following is true regarding whether Wendy and Sam had a duty to come to theassistance of the divers in peril?A. Neither Wendy nor Sam had a duty to go to the aid of the divers who were in perilB. Wendy and Sam had a duty to go to the aid of the divers in peril only if Mike refused to do soC. Wendy and Sam did not have a duty to go to the aid of the divers in peril unless they werethe first to see the problemD. Wendy and Sam had a duty to assist the divers in peril only if they were acquainted prior tothe dive with the divers who were in peril. They had no duty to help strangersc. Billy and Susie are annoyed that Mike did not come to their assistance. Which is true regardingMike's duty to provide assistance during the dive?A. Mike had no duty to provide any assistance to themB. Mike had a duty to come to their aid because he arranged the dive and was charging themC. Mike had a duty to come to their assistance only if he had specifically agreed to do so prior tothe diveD. Mike had a duty to come to their assistance only if they were minors

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Answer the questions below thank you.
9. What are the elements of Negligence? List and define them and what each one is looking for in your
own words. Check the PowerPoint and the book.
10. (Use Negligence for this Hypothetical and the Questions that follow) Mike, who owns a dive shop in
the U.S. decides to take a group of his customers diving in U.S. waters. Mike is aware that the area
where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays
are usually tame, they can become aggressive when fed. Mike does not reveal that information to the
group of divers going with him. The divers go down into the water and some have squid with which to
feed the sting rays. During the dive, one of the sting rays becomes agitated and latches onto diver
Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her
mouth and is in considerable difficulty. Another diver, Billy, encounters a shark which snaps at him.
Fortunately, the shark does not bite him but does damage his diving equipment. He is also in distress.
Mike, who is in charge of the dive, does nothing but return to the boat because the dive turned out to
be more trouble than expected. Wendy, another diver on the trip, also returns to the boat without
doing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who are
in distress. He manages to do so but in the process he pulls his back and requires medical care. All
divers return to the boat very unhappy with Mike.
a. The diver who had damaged equipment because of the shark incident wants to sue Mike for
damages. Which of the following is the most likely result?
A. He will win because Mike should have warned him about the occasional appearance of
sharks
B. He will lose because Mike had no duty to warn him of anything
C. He will lose because he did not sustain physical injury
D. He will win only if he can establish that he had a contract with Mike whereby Mike would
reveal harmful conditions
b. Which of the following is true regarding whether Wendy and Sam had a duty to come to the
assistance of the divers in peril?
A. Neither Wendy nor Sam had a duty to go to the aid of the divers who were in peril
B. Wendy and Sam had a duty to go to the aid of the divers in peril only if Mike refused to do so
C. Wendy and Sam did not have a duty to go to the aid of the divers in peril unless they were
the first to see the problem
D. Wendy and Sam had a duty to assist the divers in peril only if they were acquainted prior to
the dive with the divers who were in peril. They had no duty to help strangers
c. Billy and Susie are annoyed that Mike did not come to their assistance. Which is true regarding
Mike's duty to provide assistance during the dive?
A. Mike had no duty to provide any assistance to them
B. Mike had a duty to come to their aid because he arranged the dive and was charging them
C. Mike had a duty to come to their assistance only if he had specifically agreed to do so prior to
the dive
D. Mike had a duty to come to their assistance only if they were minors
 
 
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