AL Bar Practice Questions - Alabama Bar Examination Exam

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A driver negligently injures a pedestrian who, by reason of a pre-existing eggshell skull, suffers far greater harm than a normal person would. The defendant argues he should pay only for the foreseeable, ordinary harm. Under tort law tested on the MBE, is the defendant correct?

Yes, liability is limited to foreseeable, ordinary harm Yes, because the extra harm was not proximately caused No, but only if the defendant knew of the condition No, under the eggshell-plaintiff rule the defendant takes the plaintiff as he finds her and is liable for the full extent of the harm

Correct Answer:

No, under the eggshell-plaintiff rule the defendant takes the plaintiff as he finds her and is liable for the full extent of the harm

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