Proximate Cause Self-Quiz

 

 

 

 

 

 

 

Kyle and Stan are taking turns with a go-cart at Stan’s uncle’s horse farm. Kyle is driving the go-kart when he takes his eyes away from where he is going. When he pays attention again, he realizes that he is headed straight for Stan. Kyle swerves to avoid hitting Stan and instead crashes into one of the horses that are grazing nearby. The horse, startled and in pain, begins to buck and while it is bucking, it kicks Stan in the chest and breaks several of Stan’s ribs. In a suit for negligence against Kyle, Stan will most likely:
Choice 1 Lose, because while it was foreseeable that Stan would suffer harm as a result of Kyle driving recklessly, the harm he suffered came about in an unusual manner
Choice 2 Lose, because Kyle did not actually hit him with a go-kart
Choice 3 Win, because he suffered harm
Choice 4 Win, because Kyle drove recklessly
Kyle and Stan are playing with BB guns at Stan’s uncle’s horse farm. As a joke, Kyle points his gun at Stan and fires a BB pellet at him. However, Kyle misses Stan and instead hits one of the horses that are grazing nearby. The horse, startled and in pain, begins to buck and while it is bucking, it kicks up a rock that hits Stan in the head and fractures his skull. In a suit for negligence against Kyle, Stan will most likely:
Choice 1 Lose, because while it was foreseeable that Stan would suffer some harm as a result of Kyle shooting a BB at him, Stan was injured in a manner and to an extent that was not foreseeable.
Choice 2 Lose, because Kyle did not actually hit him with a BB
Choice 3 Win, because he suffered harm
Choice 4 Win, because Kyle shot a gun at Stan
Kyle and Stan are good friends. Stan is deathly afraid of the dark. However, Kyle does not know this. One day, as a joke, Kyle locks Stan in a storage room and shuts the lights. After letting Stan scream for a few minutes, Kyle unlocks the door. Stan staggers out of the room but, because of the stress he has just endured, suffers a heart attack. In a suit against Kyle, Stan will probably:
Choice 1 Lose, because Kyle did not mean for Stan to suffer a physical injury
Choice 2 Lose, because such an extreme physical reaction was unforeseeable
Choice 3 Lose, because Kyle did not know of Stan’s fear of the dark
Choice 4 Win, because a defendant is liable for the unforeseen extent of an injury

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