Beyond foreseeability, the question of whether a duty exists is one of fairness and policy that implicates many factors.
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[Ques. 2] The ability to foresee harm does not in itself establish the existence of a duty.
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[Ques. 3] T
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[Ques. 4] Foreseeability of an injury, as it affects the existence of a duty, refers to the knowledge of the risk of injury to be apprehended.
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[Ques. 5] A plaintiff who asserts a cause of action based on negligence has the burden to establish a standard of care and prove, by a preponderance of the evidence that the defendant deviated from that standard of care.
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[Ques. 6] Lack of reasonable care on part of the plaintiff that an ordinary person would exercise may be sufficient to support the defense of contributory negligence.
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[Ques. 7] An omission to act cannot be the proximate cause of an injury even if it had been foreseen.
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[Ques. 8] Criminal acts of a third party do not attach, for negligence purposes, to a defendant unless a special relationship is shown to exist between either third party and defendant or third party and injured party.
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[Ques. 9] Damages for negligence cannot arise where defendant has no duty to the injured person.
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[Ques. 10] Exculpatory releases are a certain and clear cut defense that protects the teacher and the school principal from liability.
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