UBE Question of the Day

Bar Exam Multiple Choice Questions

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Today's Question:

Question Of The Day

A driver saw a stranger, apparently injured, lying along the side of a road on a cold night. The driver stopped his car and, upon examining the stranger, discovered that he was intoxicated and in danger of suffering from exposure to the cold. The driver was not fond of drinkers and returned to his car and drove away, without making any effort to help the stranger. The driver left the stranger exactly as he had found him. Shortly after, another car hit the stranger. The stranger subsequently asserted a claim against the original driver for damages for his injuries. Will the stranger prevail?

(A) Yes, because by stopping and examining the stranger, the driver assumed a duty to aid him.

(B) Yes, because a reasonably prudent person under the circumstances would have aided the stranger.

(C) No, because the driver did not in any way make the stranger’s situation worse.

(D) No, because the stranger himself created the risk of harm by becoming intoxicated.