Paralegal

Category - Judgement

Assumption of risk is to a negligence claim as _________ is to _________.
  1. trustor : trust
  2. mens rea : actus reus
  3. incapacity : contract formation
  4. legislation : statutory law
Explanation
Answer: C - Assumption of risk is to a negligence claim as incapacity is to contract formation. Assumption of risk is a defense to negligence, and incapacity is a defense to contract formation. Answer A is not correct because a trustor is a person who creates a trust-the relationship does not involve a defense. Answer B is not correct because mens rea (intent) and actus reus (a voluntary act) are related as the two states that must co-exist in a defendant at the same time for an act to be a crime. Answer D is not correct because legislation is a term that refers to a different or prior version of statutory law-that is, a proposed statutory law.
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