Multistate Bar Examination Practice Question

Alice was driving her car when she suddenly swerved to avoid a child running into the street, causing her to collide with Bob's parked vehicle. Simultaneously, heavy rainfall had made the roads slippery, contributing to the accident. Alice sues both Bob for the damage to her car and the city for inadequate road maintenance. Which of the following best describes the legal principle that governs the allocation of liability in this scenario?

  • Comparative negligence limits Alice's recovery if her swerving was a response to a difficult situation.

  • The doctrine of last clear chance suggests that Bob has some liability based on the evaluation of the city's road conditions.

  • Joint and several liability applies if both Bob and the city contributed to the accident.

  • Strict liability is relevant in situations involving Bob and the city, based on their actions related to negligence.

Multistate Bar Examination
Torts
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