UBE Question of the Day

Bar Exam Multiple Choice Questions

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Today's Question:

A jogger was seriously injured when a car struck a telephone pole, causing the pole to fall on him. The jogger subsequently sued the manufacturer of the car for his injuries, on a theory of strict liability in tort. At trial, the driver of the car testified that, just before the car hit the pole, he had tried to turn the steering wheel, but it would not turn. The investigating policeman produced pictures showing tire tracks from a point where the driver hit his brakes, going in a straight line directly to the pole. The evidence also showed the driver was speeding at the time of the accident. What is the legal effect of the finding that the driver was speeding?

(A) It constitutes a misuse of the product, thus barring the jogger from recovery.

(B) It is considered within the risk created by the car manufacturer.

(C) It bars the strict liability tort claim because assumption of risk continues to be a defense in strict liability tort cases.

(D) It constitutes the sole proximate cause of the jogger’s injuries.

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