pages 255-274 in the text

Question 1

Morris negligently kicked Susan in the stomach while playing ball. Three months later Susan's doctor determined that she had cancer of the stomach. The expert testimony shows that there is a 2% risk that a kick to the stomach could "light up" cancer. What result?

Morris will be liable to Susan because he cannot prove that he did not cause her cancer.

Morris will be liable to Susan for 2% of her injuries.

Morris will not be liable to Susan because she cannot show that Morris's negligence was a cause of her cancer.

Morris will not be liable to Susan because Susan probably would have gotten cancer eventually even if he had not kicked her.

Question 2.

Horace and Sally were involved in a automobile accident. Horace and Sally were each driving a car. Horace was stopped at red light when Sally's car collided with the rear of Horace's car. Sally had an epileptic seizure just before the collision. A month after the accident Horace asked his lawyer, Dewey Cheatham, to file suit against Sally. Dewey failed to file suit before the statute of limitations ran. What result?

Dewey will be liable to Horace if Horace can show that he lost the opportunity to settle his case against Sally.

Dewey will be liable to Horace if Horace can show that he would have won his suit against Sally.

Dewey will not be liable to Horace because it is possible that Horace would have lost his claim against Sally.

Dewey will not be liable to Horace because a client cannot blame a lawyer for the lawyer's mistakes. Lawyers are only agents of the client, and the client must be responsible for overseeing the lawyer.

Question 3

Homer was a passenger in a car driven by Sharon. Sharon drove through a red light and collided with a car driven by Frank, who was driving over the speed limit. What result?

Homer can recover from both Sharon and Frank because both were negligent and both were causes-in-fact of his injury.

Homer cannot recover from Frank because the accident might have happened even if Frank had not been speeding.

Homer cannot recover from Sharon because Homer should not be able to sue his own driver when another driver is negligent.

Homer cannot recover since the accident would not have happened if only one of the drivers had been negligent. Therefore neither driver's negligence was a cause-in-fact of the injury.

Question 4

Rusty Mechanic worked on a car owned by Mary Driver. Rusty negligently disconnected the horn of the car. Ms. Driver did not know that her horn was not working which she picked it up from Rusty's shop. While driving the car she hit a bus. She did not try to sound her horn, but if she had sounded her horn, had it been working, she would have prevented the collision. Ted was a passenger on the bus and was injured in the collision. What result in Ted's suit against Rusty and Ms. Driver?

Ted will not recover from Rusty because the injury would have happened even if Rusty had not disconnected the horn.

Ted will not recover from Ms. Driver because the injury would have happened even if Ms. Driver had tried to sound the horn.

Both "a." and "b." are correct.

Ted will recover from both Rusty and Ms. Driver because each was a substantial factor in causing the injury.