UBE Question of the Day

Bar Exam Multiple Choice Questions

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Today's Question:

Question Of The Day

A bicycle company sold a bicycle that it manufactured to a retail bicycle dealer, which, in turn, sold it to a cyclist. While the cyclist was riding the bicycle along a city street, he saw a traffic light facing him turn from green to yellow. He sped up, hoping to cross the intersection before the light turned red. He quickly realized he could not do so and applied the brake, which failed. To avoid traffic, the cyclist turned sharply to his right onto the sidewalk and sustained injuries. The bicycle brake had a defect when the bicycle company sold it to the retail bicycle dealer. If the cyclist asserts a claim against the retail bicycle dealer based on strict liability in tort, will the cyclist prevail?

(A) Yes, because of the defect present when the bicycle left the bicycle company factory.

(B) Yes, because the brake failed while the cyclist was riding the bicycle.

(C) No, because the cyclist contributed to his own injury by speeding up.

(D) No, because the retail bicycle dealer was not negligent in selling the bicycle.