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MMLU-Pro / 980 / A buyer purchased a gallon of nonfat milk from a market. The milk, which was…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A buyer purchased a gallon of nonfat milk from a market. The milk, which was sold in a plastic container, had been processed and packaged by a dairy. That evening, the buyer was preparing dinner and poured himself a glass of milk from the container purchased at the market. He then sat down to eat his meal and proceeded to take a mouthful of milk. As he did so, the buyer felt something furry lodge in his mouth. He immediately spat out the furry object and saw that it was a dead mouse. The buyer suffered severe emotional distress but did not suffer any physical illness or injury. If the buyer asserts a claim against the dairy based on negligent manufacturing, he will most likely

category

law

options

  1. not recover, because the dairy's negligence only caused mental disturbance.
  2. recover, under the doctrine of res ipsa loquitur.
  3. not recover, because the dairy cannot be proven to have been the source of the mouse.
  4. recover, under the theory of strict liability.
  5. recover, because he suffered severe emotional distress.
  6. recover, because the dairy breached its duty of care by failing to properly package the milk.
  7. not recover, because the buyer's proper cause of action is for intentional infliction of mental distress.
  8. recover, because the dairy failed in its duty of care.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
980
task_id
6c1f3762-b43c-501f-9272-ce8758a9f37d
task_key
default--test--980
task_revision_id
1
config / split
default / test

Official source

initial import