{"media":{"type":{"params":{"contentName":"Image","decorative":false},"library":"H5P.Image 1.1","subContentId":"6abc61ef-4187-41eb-bd2d-4e9bb68e3e52","metadata":{"contentType":"Image","license":"U","title":"Untitled Image"}},"disableImageZooming":false},"answers":[{"correct":false,"tipsAndFeedback":{"chosenFeedback":"

Incorrect. It ruled that such pre-trial review and preclusion is permitted \u201cwhere the facts are simple... and the public policy questions have been fully presented\u201d (p. *83)<\/div>\n","tip":"","notChosenFeedback":""},"text":"

It held that public policy determinations may never be reviewed and used to preclude liability before trial.<\/div>\n"},{"correct":true,"tipsAndFeedback":{"chosenFeedback":"

Correct. The majority cites Coffey<\/em> approvingly for this principle (p. *86) and analogizes it to the present case because both involve facts that are complex and both required \u201ca sufficient factual basis... for considering, evaluating, and resolving the public policy issues involved.\u201d<\/div>\n","tip":"","notChosenFeedback":""},"text":"
It approved of a prior court\u2019s use of findings of fact as to actual negligence, damage and the causal relationship between them to evaluate public policy considerations.<\/div>\n"},{"correct":false,"tipsAndFeedback":{"chosenFeedback":"
Incorrect. The court explains<\/strong> the rarity of summary judgment in negligence actions (p. *88) but it does not critique this, it expresses support for the uncommon use of such adjudications as a matter of law: \u201cThe concept of negligence is peculiarly elusive, and requires the trier of fact to pass upon the reasonableness of the conduct in light of the circumstances.... Ordinarily, this is not a decision of the court.\u201d<\/div>\n","tip":"","notChosenFeedback":""},"text":"
It critiqued the idea that summary judgment is common in negligence actions.<\/div>\n"},{"correct":false,"tipsAndFeedback":{"chosenFeedback":"
Incorrect. The court flagged custom evidence regarding adequate inspections as relevant to the trial's case on remand (\u201ca jury will hear testimony about the standard of care that a reasonable property manager would exercise in inspecting a vacated apartment... Alvarado\u2019s expert opines that industry practice is to conduct adequate inspection before allowing employees and contractors onto the premises. He asserts that ordinary care requires a property manager to have a safety program which anticipates and addresses potential hazards.\u201d In other words, determining whether there was a breach of care in failing to provide a safety program or to conduct adequate inspection will be relevant to the question of whether a duty existed and whether liability should be imposed. (p. *85)<\/div>\n","tip":"","notChosenFeedback":""},"text":"
Custom evidence regarding adequate inspections would have no bearing on the issues presented at trial because they concern breach, not duty.<\/div>\n"}],"overallFeedback":[{"from":0,"to":100}],"behaviour":{"enableRetry":true,"enableSolutionsButton":true,"enableCheckButton":true,"type":"auto","singlePoint":false,"randomAnswers":false,"showSolutionsRequiresInput":true,"confirmCheckDialog":false,"confirmRetryDialog":false,"autoCheck":false,"passPercentage":100,"showScorePoints":true},"UI":{"checkAnswerButton":"Check","showSolutionButton":"Show solution","tryAgainButton":"Retry","tipsLabel":"Show tip","scoreBarLabel":"You got :num out of :total points","tipAvailable":"Tip available","feedbackAvailable":"Feedback available","readFeedback":"Read feedback","wrongAnswer":"Wrong answer","correctAnswer":"Correct answer","shouldCheck":"Should have been checked","shouldNotCheck":"Should not have been checked","noInput":"Please answer before viewing the solution","a11yCheck":"Check the answers. The responses will be marked as correct, incorrect, or unanswered.","a11yShowSolution":"Show the solution. The task will be marked with its correct solution.","a11yRetry":"Retry the task. Reset all responses and start the task over again.","submitAnswerButton":"Submit"},"confirmCheck":{"header":"Finish ?","body":"Are you sure you wish to finish ?","cancelLabel":"Cancel","confirmLabel":"Finish"},"confirmRetry":{"header":"Retry ?","body":"Are you sure you wish to retry ?","cancelLabel":"Cancel","confirmLabel":"Confirm"},"question":"
Options<\/p>\n"}

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