Contracts Keyed to Barnettback
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A private company owns and operates a subway system. The subway has a staff of safety engineers who examine the system to ensure the passengers’ safety. For the past seven years, the system has been using the X-1, an air-conditioned subway car complete with the latest technological advances.
A forty-year-old blind woman has been riding the subway to work for almost twenty years. When the train pulls into her station she waits for the doors to open and then pokes for the opening with her walking cane. Upon feeling an opening, she steps onto the train. One morning, a train made of X-1 cars pulled into the blind woman’s station. As always, the blind woman felt with her cane. The design of the X-1 left a space as large as an open door between the cars. The blind woman mistook the space for an open door and stepped forward. She fell to the tracks and received severe electrical burns from the third rail. A subsequent investigation revealed that twelve blind people had made the same mistake and fallen to the tracks.
If the blind woman asserts a claim against the private company, she will most likely:CorrectIncorrect
A constructor was building a single-family home on a previously empty lot in a middle-class area. The constructor had a fence built around the lot, but it was often left open after construction hours. Early one evening, a six year-old boy walked through the unlocked fence and played in the house. Intrigued by a strange noise, the boy went up to the top floor and discovered the carpenter cutting wood with an electric buzz saw. A carpenter was unaware of the boy’s presence because of the noise created by the saw. The blade of the saw broke loose and struck the boy in the eye. The carpenter had just repaired the saw the day before at the saw repair shop. The boy’s guardian filed claims against the constructor, the carpenter, and the saw repair shop’s.
Concerning the boy’s suit against the constructor, the boy should:CorrectIncorrect
A father received a stun gun as a gift from his wife. The gun emitted an electric charge that could paralyze a person for up to ten minutes. His twelve-year-old son begged his father for weeks to allow him to borrow the gun. Finally, the father relented. The son brought the gun to school and shot a teacher whom he hated for giving too many homework assignments. The teacher fell down on his head and suffered severe neurological damage. If the teacher asserts a claim against the father for injuries sustained, he will most likely prevail because of the rule of:CorrectIncorrect
A driver decided to take his brand new car out for a spin. He had just bought it yesterday, brand new from a dealership. As he came upon a stop light, he tried to break, but the breaks failed and he rear-ended a hockey fan, who was on his way to the game.
The two exchanged insurance information, and despite the fact that the hockey fan’s neck and back were sore, he continued on to the game. While at the game, he slipped and fell on a puddle of beer. That fall caused him to break his back and be paralyzed.
If the hockey fan asserts a negligence claim against the driver, will he prevail?CorrectIncorrect