24. The proximate cause requirement for a negligence tort is most likely not met

Question

24. The proximate cause requirement for a negligence tort is most likely not met where:

A. a customer became ill from food that was carelessly packed at a processing plant

B. a patient became sick from a doctor carelessly prescribing the wrong medicine

C. the victim of an accident was aware, prior to the actual accident, that the accident was likely to occur

D. a customer in a building supply store carelessly dropped a small can of paint that broke open and was ignited from a spark caused when the metal can hit the concrete floor

E. a driver injured a pedestrian when rounding a curve at twice the legal speed limit

25. Which of the following is true about intentional infliction of emotional distress?

A. The plaintiff must have witnessed severe physical injury to a relative or other significant person in the plaintiff's life.

B. The defendant's conduct must be so outrageous in character, and so extreme in degree, as to go o beyond all possible bounds of decency

C. Recovery is allowed anytime there is a measurable amount of mental distress.

D. There must be some physical contact with the plaintiff.

E. None of the above applies

Explanation / Answer

24. option D is correct

25. option B is correct

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