Question: Case application #3 40 points (10 points for each correct answer) Michael went deer hunting with his friend Nate. After seeing the bushes move in

Case application #3 40 points (10 points for each correct answer)

Michael went deer hunting with his friend Nate. After seeing the bushes move in front of him, Michael fired hi rifle at what he thought was a deer. However, Nate had caused the movement in the bushes and was seriously injured by the bullet Michael fired. Nate survived and later sued Michael on the grounds that Michaels negligence was the proximate cause of the injury.

  1. Based on the facts presented, is Michael guilty of negligence? Your answer must include a definition of negligence and the essential elements of negligence.

  1. Michaels attorney believes that if contributory negligence could be established, it would greatly influence the outcome of the case. Do you agree with the attorney? Your answer must include a definition of contributory negligence.

  1. If Michael could establish comparative negligence, how would the outcome of the case be changed? Your answer must include the definition of comparative negligence.

  1. Assume that Michael and Nate were hunting on farmland without the permission of the owner. If Michael fell into a marshy pond covered by weeds and injured his back, would the owner of the property be legally responsible for the damages? Explain your answer.

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