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MMLU / A teenager borrowed a car from his uncle. The uncle knew that the teenager was…

Problem

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question

A teenager borrowed a car from his uncle. The uncle knew that the teenager was incapable of driving a car safely. The uncle knew that the teen had five license suspensions, several negligence lawsuits against him, multiple DUIs, and that he was an inveterate alcoholic. The teenager got into an accident while driving the car and was seriously injured. He filed a negligent entrustment claim against the uncle, claiming he owed him a duty not to give control of the vehicle to him. The uncle filed a motion to dismiss the complaint for failure to state a claim, asserting that there was no tort for first-party negligent entrustment. The trial court granted the motion to dismiss. On appeal, will the court likely affirm the lower court decision?

choices

  1. Yes, because public policy generally forbids the collection of damages by the person to whom the entrustment is made.
  2. Yes, because the comparative negligence of the entrustee will always defeat liability against the entrustor.
  3. No, because public policy demands that the entrustor is strictly liable to all who are injured, including the incompetent entrustee.
  4. No, because a first-party negligent entrustment claim is generally allowed when the entrustor knows that he is loaning the vehicle to an incompetent operator.

subject

professional_law

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Source and history

task_id
de2cfd47-99e9-56b3-bbd8-215e880c50c2
task_key
all--test--de2cfd47-99e9-56b3-bbd8-215e880c50c2
task_revision_id
1
config / split
all / test

Official source

initial import