Amanda Is Driving Towards a Busy Intersection

question 39

Multiple Choice

Amanda is driving towards a busy intersection.As she goes through the intersection she looks down and reaches to adjust the radio in her car.She runs a red light and hits another car which then runs into a utility pole,knocking it down and causing a power loss in a 3-mile radius.It takes the utility company 48 hours to restore electricity to the area because of a strike by the utility union.Kimberly sues Amanda because all the food in her refrigerator and freezer spoiled due to the power outage.What will the result be?

• A) Amanda will be liable to Kimberly because a person is liable for all consequences of their negligence
• B) Amanda will not be liable to Kimberly because she could not have actually foreseen that it was dangerous to take one's eyes off the road when approaching an intersection
• C) Amanda will be liable to Kimberly because she should have foreseen that taking her eyes off the road could cause Kimberly's food to spoil
• D) Amanda will not be liable to Kimberly because her conduct was not the proximate cause of Kimberly's damages

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Definitions:

Devise

Real property that is left in a will. In states that have adopted the Uniform Probate Code, the term refers to both real and personal property.

Defense of Marriage Act

A U.S. federal law enacted in 1996 that defined marriage as a union between one man and one woman for federal and inter-state recognition purposes, partially struck down in 2013.

Constitutionality

The quality or condition of being in accordance with a political constitution, especially pertaining to the legality of actions or statutes.

Uniform Probate Code

A set of laws intended to harmonize and simplify the process of probating wills and administering estates across the states that adopt it.