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MMLU-Pro / 1135 / A pharmacist was employed by a drug store. A long-time customer of the drug…

Problem

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question

A pharmacist was employed by a drug store. A long-time customer of the drug store presented a prescription to the pharmacist for the medication Clinoril, which was prescribed by her physician to treat her arthritic condition. The pharmacist was in a rush that day because of a backlog of prescriptions to fill, and he misread the customer's prescription. He filled her prescription with Clinitest, a caustic substance not for internal use. He labeled the container with the instructions for Clinoril: "Take one tablet twice a day. "The customer followed the instructions, consumed the Clinitest, and suffered severe injuries to her stomach and esophagus. If the customer brings a strict liability in tort action against the pharmacist, what is his best defense?

category

law

options

  1. It was the cashier and not he who personally received the money for the medication.
  2. He was not a seller of the product upon whom strict liability may be imposed.
  3. He exercised reasonable care under the circumstances.
  4. The drug store was not the manufacturer upon whom ultimate liability falls.

src

ori_mmlu-professional_law

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