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MMLU / A laboratory manufactures nitroglycerin (a heavy, oily, explosive, poisonous…

Problem

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question

A laboratory manufactures nitroglycerin (a heavy, oily, explosive, poisonous liquid used chiefly in making dynamite) at its main plant. An artist who specialized in making delicate glass sculptures had a studio two blocks away from the laboratory's plant. Late one evening, there was an explosion at the laboratory's plant. The force of the explosion caused the artist's studio to be shaken, which resulted in the destruction of valuable artwork in the studio. The artist now asserts a tort action against the laboratory to recover damages. Which of the following, if established, would furnish the laboratory with its best possible defense?

choices

  1. The laboratory used extraordinary care in the manufacture and storage of nitroglycerin and was not guilty of any negligence that was causally connected with the explosion.
  2. The laboratory has a contract with the federal government whereby all the nitroglycerin manufactured at its plant is used in U. S. military weapons systems.
  3. The explosion was caused when lightning (an act of God) struck the plant during an electrical storm.
  4. The harm that the artist suffered would not have resulted but for the abnormal fragility of the artist's work.

subject

professional_law

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