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Adjuster Donnie is assigned a liability claim where his insured, Ward Smith, is accused of the wrongful death of a child due to an attractive nuisance. Mr. Smith had no fence to protect neighborhood children from the attractive nuisance. Donnie has worked many liability claims and knows several elements need to be demonstrated for a tort to be proven against Mr. Smith. Which of the following IS NOT one of these elements?
a. Duty owed b. Duty breached c. Actual damages – the injured victim d. Inattention
Sagot :
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