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Question 1
Paul is an employee of Fuelco, Inc., a company that stores refined gasoline before it is shipped to various gas stations. Fuelco, Inc. uses the most up-to-date methods available to store the gasoline and spares no expense in making its premises as safe as they can. One day, a metal bearing breaks loose on the ceiling and falls to the floor. The metal strikes the granite floor and creates a spark that causes a massive explosion. Paul is severely injured. In an action against Fuelco, Paul will:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Remember, a court will use six criteria to establish strict liability. However, the storage of fuel is an "abnormally dangerous condition" that is likely to cause substantial damage if it escapes. For such a condition, strict liability will attach if it causes harm.
Incorrect! Remember, a court will use six criteria to establish strict liability. However, the storage of fuel is an "abnormally dangerous condition" that is likely to cause substantial damage if it escapes. For such a condition, strict liability will attach if it causes harm.
Question 2
Karen owns a large tract of land in a residential area right outside the town of Seabrook. Seabrook is the site of the largest nuclear power plant in the Eastern United States. For years, the power plant has been trucking away its toxic waste to a treatment plant several hundred miles away. Karen decides that it would be lucrative for her and easier for the plant if she were to turn her property into a nuclear waste storage and treatment plant. Karen builds the plant and contracts with the power plant to store and treat the nuclear waste that the plant produces. Unfortunately, one of the storage facilities Karen builds is constructed poorly. One day, about a year after she has opened her business, the storage facility collapses, sending a radioactive cloud into the air and spilling toxic waste onto the ground. As a result, Karen's neighborhood must be evacuated. In an action against Karen, the residents of the area will probably:
Correct
Incorrect!
Correct Today, the courts determine liability using the six factors for determining whether or not the activity is abnormally dangerous as laid out by the Restatement 2nd of Torts. In this case, Karen's business involved a high degree of serious risk that could not be eliminated by the exercise of reasonable care. Further, the business that she devoted her land to was not an appropriate use of her land and it had no value to the community at large. Therefore, Karen will be held strictly liable for the damage she caused and B is the correct answer.
Incorrect! Today, the courts determine liability using the six factors for determining whether or not the activity is abnormally dangerous as laid out by the Restatement 2nd of Torts. In this case, Karen's business involved a high degree of serious risk that could not be eliminated by the exercise of reasonable care. Further, the business that she devoted her land to was not an appropriate use of her land and it had no value to the community at large. Therefore, Karen will be held strictly liable for the damage she caused and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Fuelco, Inc. is a company that stores refined gasoline before it is shipped to various gas stations. Fuelco uses the most up-to-date methods available to store the gasoline and spares no expense in making its premises as safe as they can. One day, a metal bearing breaks loose on the ceiling and falls to the floor. The metal strikes the granite floor and creates a spark that causes a massive explosion. Jessica, a licensed pilot, is taking a pleasure cruise in her Cessna II and she is just passing over Fuelco's storage tank when the tank explodes. Although Jessica is one thousand feet above the tank when it explodes, some of the debris from the tank hit the plane and damage the wing. The plane crashes and Jessica is severely injured. If Jessica sues Fuelco, she will be able to recover for her injuries:
Correct
Incorrect!
Correct The duty to avoid causing harm is only owed to foreseeable plaintiffs. Further, the harm that plaintiff suffers must come from a danger or risk that is foreseeable from the abnormally dangerous condition. Here, Jessica was not a foreseeable plaintiff and the harm she suffered was not foreseeable. Therefore, she will not be able to recover and the correct answer is FALSE.
Incorrect! The duty to avoid causing harm is only owed to foreseeable plaintiffs. Further, the harm that plaintiff suffers must come from a danger or risk that is foreseeable from the abnormally dangerous condition. Here, Jessica was not a foreseeable plaintiff and the harm she suffered was not foreseeable. Therefore, she will not be able to recover and the correct answer is FALSE.