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Diana and Naomi Both Carelessly Shot in Randall's Direction at the Same

Question 31

Multiple Choice

Diana and Naomi both carelessly shot in Randall's direction at the same time.He was struck by one bullet.He can prove that the bullet came from either Diana's gun or from Naomi's gun, but he has no way of determining which woman shot him.Which of the following statements is TRUE?


A) Neither woman will be held liable because Randall cannot prove, on a balance of probabilities, which one fired the bullet that hit him.
B) Randall's claim will be decided by the concept of market share liability.
C) Under an exception to the but-for test, Diana and Naomi will be held jointly and severally liable even though Randall cannot prove causation in the usual way.
D) The difficulty in this case involves the issue of remoteness of damage.
E) The court most likely will impose liability upon one defendant only.

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