Beth is driving her car down the street when Tom, who was behind a bush, tries to run across the street. Beth’s car strikes Tom. Beth knew that her car’s brakes were bad, she applied the brakes but could not stop in time because of the defective brakes. Tom had invented a cure for AIDS. John (who dies of AIDS), the personal representative files suit against Beth because ”John died because of her negligence”.


1. Beth had a breach of duty and actual cause.
2. Beth had proximate cause.
3. Tom is the only negligent party to this happening.
4. None of the above.
5. Negligence per se applies in this case because the bad brakes and their consequences make Beth responsible.