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What is the relationship between negligence and liability for a common carrier?

  1. Negligence eliminates liability.

  2. Negligence increases liability.

  3. Negligence has no effect on liability.

  4. Negligence defines liability.

The correct answer is: Negligence eliminates liability.

In the context of common carriers, negligence does not eliminate liability; rather, it is a crucial factor in determining the extent of liability. Common carriers, such as bus or freight companies, have a higher duty of care to their passengers or clients compared to ordinary individuals or businesses. This heightened responsibility means that if a common carrier fails to exercise reasonable care and causes harm, they can be held liable for damages resulting from that negligence. In this scenario, negligence does not negate liability. Instead, if a common carrier is found to be negligent, it can actually lead to increased liability because the carrier is expected to uphold a higher standard of care. The correct understanding is that negligence is a critical element that can define the scope of a common carrier's responsibility in the event of an incident, rather than exempt them from liability altogether. Therefore, it is essential to recognize that the relationship between negligence and liability is fundamental in assessing legal responsibility in such situations.