Blow-Up.Jeanie is hauling several containers of gasoline in her vehicle in preparation for riding her personal watercraft.On the way home,Jeanie stops at the automatic teller machine at her bank and exits her car.Holly pulls behind her and negligently rear-ends Jeanie's car.The car explodes and results in the bank building burning to the ground.The bank sues Holly for negligence claiming that Holly should have to pay for the entire bank building.The bank claimed that it should be able to recover under the res ipsa loquitur doctrine.Which of the following is true regarding whether actual cause exists in the bank's action against Holly?

A) Actual causation would exist because the bank would not have been damaged if Holly had fulfilled her duty to drive properly.
B) Actual cause is present because as a matter of policy,it is believed that someone who rear-ends a vehicle should be responsible for damages.
C) Actual cause is present because Holly was the legal cause of the bank burning.
D) Actual cause is not present because Holly is not the legal cause of the bank burning.
E) Actual cause is not present because Holly is not the proximate cause of the bank burning.

Question

Nicoy Smith · Accepted Answer

Final Answer : A, Explanation :  Actual cause,also known as cause in fact,is one requirement of a successful negligence claim.Actual cause is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury.

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