Arvid Dunston Was Severely Injured When a Large Rock Tumbled

question 35

Multiple Choice

Arvid Dunston was severely injured when a large rock tumbled off a steep cliff and crashed through his windshield as he drove.Arvid sued the company that manufactured his vehicle on the basis that it had tortiously failed to use a type of glass that might have prevented the rock from entering the vehicle.He also sued the provincial government on the basis that the government had tortiously failed to inspect the area for rocks that might fall onto the road and hurt motorists.Which of the following statements is TRUE?

• A)While the common law traditionally said that "the King can do no wrong," the relevant rules have been changed so that exactly the same rules will govern both of Arvid's claims.
• B)The limitation periods that are applicable to the two claims will almost certainly be the same.
• C)Arvid's two claims cannot be heard together because all claims against the government must be heard in a special type of court that is not available for disputes between two private parties.
• D)In order to sue both the company and the government at the same time,Arvid will be required to satisfy the rules governing class actions.
• E)Even though one of the defendants is a private company and the other is a government,both claims against each defendant will require Arvid to prove his allegations on a balance of probabilities.

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Definitions:

Factory Floor

The operational area of a manufacturing plant or facility where goods are produced or assembled.

R-chart

A type of control chart used in quality control processes to monitor the range of variability of a manufacturing process over time.

Uniformity

The consistency or homogeneity of a substance or distribution where all parts are identical or uniformly distributed.

Control Limits

The boundaries in a control chart within which a process operates satisfactorily and is considered in control. These include both upper and lower limits.