Question: 9. Explain how comparative negligence can be used as a defense to a lawsuit for negligence. 10. A person accused of shoplifting was detained in

9. Explain how comparative negligence can be used as a defense to a lawsuit for negligence.

10. A person accused of shoplifting was detained in a store for an unreasonable length of time, but a search revealed no evidence of shoplifting. The detained person can sue for what tort? State the elements of that tort.

11. A surgeon performed an appendectomy on Frank. One month later, Frank discovered that the surgeon left some gauze in his incision, causing infection, considerable pain, and additional hospital expenses. Frank sued the surgeon to recover damages. State the reasons Frank will likely be successful.

12. Explain how assumption of risk can be used as a defense to a lawsuit for negligence.

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