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MMLU-Pro / 928 / A train pulled into a busy station. Some passengers got off the train, and…

Problem

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question

A train pulled into a busy station. Some passengers got off the train, and others got on. A few moments later, a train conductor shouted, "All aboard!" to indicate that the train was about to depart the station. At that moment, a man, carrying a large cardboard box, came running through the station toward the train "Wait for me!" he shouted as he ran toward the train. The man with the box reached the edge of the platform, next to the train, just as the train started to move. The man hesitated, unsure of whether he should give up or go ahead and jump onto the train even though it was moving. A railroad worker, who happened to be standing next to the train, decided to be helpful. He said, "You can make it," and gave the man a shove toward the open door of the train. The man stumbled and dropped the box that he was carrying. Instantly, the box made a loud screeching noise. The box contained powerful fireworks, and the impact of the box hitting the ground had caused a large rocket to ignite. The rocket flew out of the box and shot across the train station, glancing off the ceiling and finally crashing into a wall of a small coffee shop on the far side of the train station, about 150 feet from the train. The rocket's collision caused a shelf on the wall to fall. A large container of coffee that was on the shelf fell and hit a customer who was sitting in the shop and enjoying a cup of coffee. The coffee shop customer suffered an injury to her shoulder as a result of being hit by the container of coffee. If the coffee shop customer asserts a negligence claim against the railroad, which of the following elements of her claim will the plaintiff be unable to satisfy?

category

law

options

  1. Assumption of risk.
  2. Proximate or legal causation.
  3. Negligence per se.
  4. Breach.
  5. Cause-in-fact.
  6. Duty.
  7. Contributory negligence.
  8. Foreseeability.
  9. Vicarious liability.
  10. Comparative negligence.

src

ori_mmlu-professional_law

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