busniess law exam 1 mult choice Qs

The conduct of the railroad employees in pulling the

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The conduct of the railroad employees in pulling the man onto the train and dislodging the package was a cause in fact of the explosion that dislodged the scales and injured Ms. Palsgraf. But, as discussed in the case, the injury to Ms. Palsgraf was not a foreseeable result of the conduct of the employees. Thus, there is cause in fact, but not proximate cause, and therefore no causation. 6. William owns and operates a hotel. To save money, he negligently fails to install fire escapes outside windows. Jillian is in a room without a fire escape. A fire starts in Jillian’s room and while sleeping, Jillian dies in bed from smoke inhalation. Jillian’s family sues William for damages on a negligence theory based on the failure to install fire escapes. What is the most likely outcome for this case? a. William will win. b. Jillian’s family will win. Jillian died in bed; thus, the proximate cause of her death was smoke inhalation. The lack of a fire escape was not a cause in fact of her death. 7. Which of the following statements is correct? a) The so-called reasonable person standard is objective in nature and asks what the defendant should have done under the circumstances. b) The so-called reasonable person standard is subjective in nature and asks what the defendant thought should be done under the circumstances. The reasonable person standard asks what a reasonable person would have done under the same or similar circumstances. The defendant is liable if the conduct of the defendant fails to rise to that standard.
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