Defendant Negligence Must Be Foreseeable
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
20744_bethlehem_loading_lane · TORTS · Choice Aa person clipped by a prop cart would be involved in another collision within a few minutes.
Why it's attractive
A feels precise because it tracks the whole chain from the first collision to the second collision. The breaker is that the exact chain is not the target; the person-in-lane risk is.
Why it's wrong
A targets the exact follow-on accident chain instead of the general person-in-lane risk.
Spot it next time
Ask whether this choice names a general person/risk or an exact chain.
20744_bethlehem_loading_lane · TORTS · Choice CStephen would operate the forklift while drowsy after taking a strong sleep aid.
Why it's attractive
C feels compelling because Stephen's drowsy operation is the obvious bad act. The breaker is that the plaintiff need not show Stephen's negligence itself was foreseeable.
Why it's wrong
C targets foreseeability of the defendant's own breach instead of the plaintiff/risk.
Spot it next time
Mark drowsy operation as breach color and return to who or what was foreseeably endangered.
20744_bethlehem_loading_lane · TORTS · Choice DTimothy would handle the prop cart carelessly and leave Lydia lying in the loading lane after clipping her.
Why it's attractive
D feels natural because Timothy's cart accident explains why Lydia was on the ground. The breaker is that Timothy's prior conduct is set-stage, not Stephen's foreseeability target.
Why it's wrong
D targets the prior set-stage actor's conduct instead of the risk created by Stephen's operation.
Spot it next time
Treat facts that existed before Stephen acted as set-stage unless the call asks about the prior actor.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →