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10) Paul is driving down Division Street when he slams on the brakes to stop for a red light he noticed just too late.
10) Paul is driving down Division Street when he slams on the brakes to stop for a red light he noticed just too late. His short stop spooks a cyclist who is pedaling through the intersection causing her to swerve. Another car swerves to avoid hitting her and runs off the road into a light pole, knocking it over, and the pole falls into a parking lot, where John is waiting in an idling car. John quickly backs up to avoid having the light land on his car and backs into Carol, a pedestrian. Carol sues Paul for negligence. Carol will
a. Win, because Paul breached his duty of care
b. Win, because Paul was the ultimate cause of her injury
c. Lose, because Paul was not the proximate cause of the accident
d. Lose, because Paul was driving like a reasonably prudent person
11) Garet, a produce distributor, follows Linda, his competitor, into a store and eavesdrops on Linda's negotiation with the store manager. After Linda and the manager strike a deal, Garet approaches the manager and undercuts Linda's deal. Garet is most likely liable for
a. Breach of contract
b. Product disparagement
c. Tortious interference
d. Conversion
12) Holly orders a bottle of Miller Lite at a tavern, and the bottle unexpectedly explodes in her hand severing her jugular vein. Sadly, Holly dies. Her husband, Dale, sues MillerCoors, the beer distributor, and the tavern for strict product liability alleging that there was a manufacturing defect in the bottle. Dale will likely
a. Win, because the doctrine of res ipsa loquitur dictates that the bottle would not have exploded unless it contained a defect introduced by the defendants
b. Lose, because Dale cannot establish how the bottle was defective or which defendant introduced the defect
c. Win, because the defendants violated their general duty of reasonable care by selling a defective bottle
d. Lose, because Holly likely caused the defect herself, after ordering the beer
13) Richard is walking along a sidewalk in Manhattan while talking on cell phone. As he passes the Empire State Building he is struck in the head by a falling wrench. He sues the owners of the building. He will likely
a. Win, because landowners are responsible for all injuries on their property
b. Lose, because Richard cannot establish what the breach of duty was
c. Lose, under the doctrine of contributory negligence
d. Win, under the doctrine of res ipsa loquitur
