Multiply Choice
1. Two cars, driven by Fred and Barney, collide. At trial, the jury determines that the accident was 90 percent Fred’s fault and 10 percent Barney’s fault. Barney’s losses total $100,000. If he lives in a state that uses contributory negligence, Barney will recover ________________.
(a) $0
(b) $10,000
(c) $50,000
(d) $90,000
(e) $100,000

2. Assume the same facts as in Question 1, except now Barney lives in a state that follows comparative negligence. Now Barney will recover _____________________.
(a) $0
(b) $10,000
(c) $50,000
(d) $90,000
(e) $100,000

3. Zack lives in a state that prohibits factory laborers from working more than 12 hours in any 24-hour period. The state legislature passed the law to cut down on accidents caused by fatigued workers.
Ignoring the law, Zack makes his factory employees put in 14-hour days. Eventually, a worker at the end of a long shift makes a mistake and severely injures a coworker. The injured worker sues Zack.
Which of the following terms will be most relevant to the case?
(a) Res ipsa loquitur
(b) Assumption of the risk
(c) Negligence per se
(d) Strict liability

4. Randy works for a vending machine company. One morning, he fills up an empty vending machine that is on the third floor of an office building. Later that day, Mark buys a can of PepsiCo from that machine. He takes the full can to a nearby balcony and drops it three floors onto Carl, a coworker who recently started dating Mark’s ex-girlfriend. Carl falls unconscious. Which of the following can be considered a factual cause of Carl’s injuries?
(a) Randy
(b) Mark
(c) Both Randy and Mark
(d) None of the above

5. For this question, assume the same facts as in Question 4. Now determine which of the following can be considered a proximate cause of Carl’s injuries?
(a) Randy
(b) Mark
(c) Both Randy and Mark
(d) None of the above