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MMLU / A woman engaged in adulterous sexual intercourse with her paramour, but did not…

Problem

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question

A woman engaged in adulterous sexual intercourse with her paramour, but did not know that he had a venereal disease. Soon thereafter, she had sex with her husband, who contracted the disease within a few days. The woman revealed the source to her husband, and he then sued the paramour for negligence in failing to tell the woman that he had the disease. The trial court dismissed the complaint for failure to state a claim. What will the appellate court decide?

choices

  1. There is a cause of action because one who transmits a sexually communicable disease is strictly liable to all who contracts it.
  2. There is no cause of action because the wife assumed the risk that the paramour had a sexually transmittable disease.
  3. There is a cause of action because a person with a venereal disease has a duty to use reasonable care to avoid infecting others.
  4. There is no cause of action because the paramour's negligence was cut off by the wife's intervening negligence which became a superseding cause.

subject

professional_law

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Source and history

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