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Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego’s tort action against Cato for negligence, Cato can most likely assert as a successful defense thata. Diego breached his duty to warn the driver of the impending accident.b. Cato did not intend to cause an accident.c. the risk of a car accident was foreseeable.d. Diego was not injured.

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Answer:

The correct answer is D

Explanation:

Tort action is an omission or an act, which gives rise to the injury to another person and amounts to the civil wrong for which the court impose or charge the liability.

So, under this situation, an accident happen, in which the passenger is not injured but the passenger filed a tort action against the driver. Therefore, the driver could assert a defense in order to protect himself against the tort action is that the passenger was not injured when accident happen.

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