Module_for_MISC119

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Elgin Community College *

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MISC

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Mechanical Engineering

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Apr 3, 2024

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202. MIXED SUBJECTS (A) Ruby, as a female, did not perform as a police officer as well as her male counterparts. (B) Ruby had failed to include in her application the fact that during college she was a member of a radical student organization, (C) Ruby had not been granted permanent employment status. (D) Ruby had graduated in last place in her class at the police academy. Questions 179-180 are based on the following fact situation: While it was parked on a side street, Driver’s car was severely damaged by a hit-and-run accident. While the car was being repaired, Driver arranged to borrow a car from his friend, Lender, to drive until Driver’s car was finished. Lender had an extra car that had not been driven for some time, which he gladly allowed Driver to use. However, when Driver picked up the car, Lender forgot to warn Driver that the brake fluid had a tendency to leak out of the brake system and needed to be replaced regularly. Lender telephoned Driver’s wife, Rider, and warned her about the brake fluid problem. Rider, however, forgot to tell Driver. Shortly thereafter, Driver was driving Rider to work in the borrowed car. Driver was proceeding along at a reasonable rate of speed and within the posted speed limit. As he approached an intersection, another car, driven by Reckless, ran through the red light and into the intersection. Driver, upon seeing Reckless’s car, stepped on the brakes, but the brakes failed and the two cars collided. If the proper amount of brake fluid had been in the brake system, Driver could have stopped in time to avoid the collision. Driver and Rider were injured. The jurisdiction has adopted “pure” comparative negligence. 179. If Driver asserts a claim against Reckless, Driver will: (A) Recover only a portion of his dam- ages, because Rider was also at fault. (B) Recover the full amount of his dam- ages, because Driver himself was not at fault. (C) Not recover, because Driver had the last clear chance to avoid the accident. (D) Not recover, because Rider was negligent in not telling Driver about the defective brake condition, and Rider’s negligence would be imputed to driver. 180. If Rider asserts a claim against Reckless, Rider will: (A) Recover in full for her injury, because Driver, who was driving the car in which she was riding, was not himself at fault. (B) Recover a portion of her damages, based on the respective degrees of her negligence and that of Reckless. (C) Not recover, because Driver had the last clear chance to avoid the accident. (D) Not recover, because Rider was primarily at fault for the collision. Questions 181-183 are based on the following fact situation: Joey escaped from prison and stole a car. He picked up a young woman hitchhiker, Jenny, and told her what he had done. Jenny was emotion- ally disturbed and of borderline mental retarda- tion, but understood that the police were after Joey, and because she hated the police, she told Joey she would do anything she could to help him. To avoid the police, they drove to the mountains with Jenny doing much of the driv- ing. The following day, they were both very hun- gry. Toward evening, Joey saw Fisher camped by a stream nearby, and told Jenny, “Go down there and steal some food from his ice chest; he’ll never even see you, but if he does, hit him with something heavy.” When she hesitated,
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