Breach of Duty 1 Self-Quiz

 

 

 

 

 

 

Fred is supposed to transport two hundred gallons of propane gas to his friend Barney’s house for a barbeque party that Barney is hosting. Fred rents a four-by-four pick-up truck and goes to the propane filling station with two hundred one-gallon plastic milk cartons. Fred fills up the milk cartons, loads them onto the truck and begins his trip to Barney’s house. Normally, special reinforced plastic containers are used to transport propane, but Fred uses the milk cartons because, even though they are not as safe, they are cheaper than the reinforced plastic containers. On the way to Barney’s house, Fred loses control of the truck and crashes into a guard-rail in the middle of the road. The propane in the back of the truck spills out onto the street and ignites, causing a large explosion. Wilma, who was in the car behind Fred, is seriously injured. In a suit against Fred, Wilma will most likely:
Choice 1 Win, because the foreseeable risk of Fred’s actions (a gas spill) outweighed the benefit Fred got (saving money)
Choice 2 Win, because propane is a dangerous substance
Choice 3 Lose, because the foreseeable risk of Fred’s actions (a gas spill) does not outweigh the benefit Fred got (saving money)
Choice 4Lose, because Barney asked Fred to bring the propane
Fred is supposed to bring two hundred gallons of water to his friend Barney’s house for a barbeque party that Barney is hosting. Fred rents a four-by-four pick-up truck and goes to the garden hose in his backyard with two hundred one-gallon plastic milk cartons. Fred fills up the milk cartons, loads them onto the truck and begins his trip to Barney’s house. However, Fred does not tie down the containers to keep them from moving because the effort would be too time-consuming. On the way to Barney’s house, Fred loses control of the truck and crashes into a guard-rail in the middle of the road. The water in the back of the truck spills out onto the street. Wilma’s car which was behind Fred, gets splashed with water and the brand new paint job begins to run. In a suit against Fred, Wilma will most likely:
Choice 1 Win, because the foreseeable risk of Fred’s actions (a spill) outweighed the benefit Fred got (saving time)
Choice 2 Win, because the spill damaged the paint job on Wilma’s car
Choice 3 Lose, because the foreseeable risk of Fred’s actions (a spill) does not outweigh the benefit Fred got (saving time)
Choice 4 Lose, because Barney asked Fred to bring the water
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