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MMLU / A driver and passenger were driving to work in the former's automobile one…

Problem

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

question

A driver and passenger were driving to work in the former's automobile one morning. As they were traveling at a speed of 20 m. p. h. (which was within the posted speed limit), the passenger suddenly pointed to an overturned vehicle along the side of the highway and said, "Look at that car upside down. " The driver turned to look at the overturned vehicle. As he was looking toward the side of the road, the driver failed to see an abandoned vehicle with a flat tire in the highway about 200 feet in front of his approaching auto. Seconds later, the driver crashed into the rear of the abandoned auto and was injured. The jurisdiction has a relevant comparative negligence statute in effect. If the driver asserts a claim against the owner of the abandoned auto, the most likely result is that the driver will

choices

  1. recover all of his damages, because the defendant created a dangerous condition.
  2. recover only a portion of damages, because the abandoned auto was in plain view.
  3. recover nothing, because he had the last clear chance to avoid the collision.
  4. recover nothing, because the passenger's act was a supervening cause.

subject

professional_law

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Source and history

task_id
add50a44-9659-5aa7-8a9c-3bbb74f1c270
task_key
all--test--add50a44-9659-5aa7-8a9c-3bbb74f1c270
task_revision_id
1
config / split
all / test

Official source

initial import