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Jack and Jill are hunting pheasants on a hill. At the same time Miss Muffet is having a picnic in small clearing on the hill. A pheasant flies up and Jack and Jill both fire their shotguns. Miss Muffet is hit by pellets and blinded in one eye. It is impossible to determine whether the pellet that blinded Miss Muffet was fired by Jack or Jill. Assume that the hill is in a state with pure Joint and Several Liability. What are Miss Muffet’s options for recourse? What rights do Jack and Jill have with respect to each other?

Punitive damages are usually not available in a negligence case.

Define duty of reasonable care.

State the elements of a prima facie case of negligence.

Comparative negligence precludes recovery if the Plaintiff is partially responsible for her own injuries.

Actual cause is assessed by using one of two tests: the but-for test or the substantial factor test.

A landowner has a duty of reasonable care to discover and fix unknown dangerous conditions on land to

The issue of foreseeability is evaluated by considering the tortfeasor’s actions in hindsight.

The same acts cannot constitute both a tort and a crime.

As a general rule, people are legally required to help others.