UBE Question of the Day

Bar Exam Multiple Choice Questions

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Today's Question:

Question Of The Day

At a sporting goods store, a father placed into his cart an item which offered a six-pack of one company’s tennis balls free with the purchase of a box of another company’s stylish sweatbands. While the father was trying on new shoes, he left the cart in an aisle along with his eight-year-old daughter, who he had instructed to stay with the cart. With her father gone, the girl proceeded to break the tape that held the sweatbands in order to try one on. A clerk then lightly bumped into the cart, and one of the tennis ball tubes exploded, sending shards of plastic flying. Upon seeing his bleeding daughter, the father fainted. The daughter suffered severe cuts on her face, and the father developed a nervous condition that required a doctor’s treatment. In a negligence action brought on the daughter’s behalf against the company that manufactured the tennis balls, which theory of liability would be most likely to result in a verdict for the daughter?

(A) The tennis ball company is liable under the doctrine of res ipsa loquitur.

(B) The tennis ball company breached its implied warranty.

(C) The tennis ball company is strictly liable for the harm caused by its product.

(D) The tennis balls constituted a private nuisance.