KS Bar Practice Questions - Kansas Bar Examination Exam

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A defendant negligently leaves a campfire unattended, and a sudden, unforeseeable windstorm spreads the fire to a neighbor's barn miles away. Under Palsgraf v. Long Island Railroad Co. and proximate-cause principles, the defendant's liability is most likely limited by:

The absence of any duty of care The economic loss rule The plaintiff's assumption of risk Lack of proximate (legal) causation due to an unforeseeable intervening force

Correct Answer:

Lack of proximate (legal) causation due to an unforeseeable intervening force

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