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MMLU-Pro / 1551 / A family had been traveling cross-country on a camping trip when they decided to…

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question

A family had been traveling cross-country on a camping trip when they decided to pull into Yellowstone National Park. During their stay at Yellowstone, the family camped out in a secluded area of the campgrounds surrounded by tall pine trees. Numerous signs had been posted throughout the campgrounds warning campers of the extremely dry conditions prevailing in the forest area due to a summerlong drought. On the morning of their departure, the family cooked breakfast over an open campfire. After breakfast, the family began to pack their gear into the van when the father instructed his 12-year-old son to put out the campfire. The son fetched two pails of water from a nearby pond and tossed the water over the campfire. Believing that he had extinguished the fire, the son joined his family in the van, and they drove away. Unbeknownst to the son and his family, the campfire was still smoldering when they left. Shortly thereafter, a wind gust blew the flames from the fire to some nearby brush. Due to the extremely dry conditions, the brush quickly ignited, starting a raging forest fire. The forest rangers dispatched a firefighting team, which included two helicopters equipped to fight the fire. While these helicopters were fighting the blaze from above, the smoke €¢ surrounding one of the helicopters became so intense that the pilot lost all visibility. At the same time, an operator of a small private plane saw the blaze and recklessly descended into the smoke. In the pilot's attempt to veer out of the intense smoke, his helicopter collided with the operator's low- flying plane, causing the aircrafts to crash. Both the pilot and the operator were killed in the resulting explosion. In a wrongful death action brought by the pilot's estate against the son and the father, the judgment should be for

category

law

options

  1. the father and the son, because the forest rangers should have had better visibility controls in place during the firefighting efforts.
  2. the father and the son, because the operator's decision to fly into the smoke was an unforeseeable event that breaks the chain of causation.
  3. the pilot's estate, because the son was following his father's instructions and therefore the father is solely responsible.
  4. the father and the son, because the pilot should have been better trained to handle low-visibility situations.
  5. the pilot's estate, because the father is vicariously liable for the tortious conduct of his child.
  6. the pilot's estate, because the father and son were directly responsible for the forest fire that led to the crash.
  7. the father and the son, because the son was only 12 years old and, therefore, cannot be deemed to have acted negligently.
  8. the pilot's estate, because the father and son failed to heed the warnings about the dry conditions.
  9. the father and the son, because the operator's reckless operation of his aircraft would be viewed as a superseding cause terminating the defendant's liability.
  10. the pilot's estate, because the son was negligent in failing to properly extinguish the campfire.

src

ori_mmlu-professional_law

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