Bar Exam (U.S) Evidence: Mario had just purchased a new 2003 Alpha Romeo Spider convertible from...

Question

Mario had just purchased a new 2003 Alpha Romeo Spider convertible from Santa Monica Import Motors. As Mario was carefully driving his Alpha home, within the posted speed limit, Amy, aged 11, suddenly darted into the street in front of his car. Although Mario immediately applied his brakes and swerved to avoid Amy, the car hit the youngster (fracturing her legs). As Amy was laying in the street awaiting an ambulance, Mario rushed over to her and said, "I'm terribly sorry. This is the first time I ever drove this car. I don't know what happened, but it must have been my fault. Send me all your hospital bills. I'll pay for everything."

When Amy was later released from the hospital, her parents contacted Mario, who refused to pay anything. Mario told Amy's mother, "Since your daughter ran into the street, it was her fault. I have witnesses who saw what she did. If I weren't such a nice guy, I'd sue you for the damage to my Alpha."

If Amy's parents, on her behalf, sue Mario in tort, which of the following is the most accurate statement regarding Mario's post-accident statements?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Mario's statement regarding his operation of the Alpha as well as his statement concerning payment of the hospital bills are both admissible on the issue of negligence.
  2. B
    Correct Answer
    Mario's statement regarding payment of the hospital bills is admissible, but his statement concerning his operation of the Alpha is not admissible.
  3. C
    Correct Answer
    Mario's statement regarding his operation of the Alpha is admissible on the issue of negligence, but his statement concerning payment of the hospital bills is not admissible in accordance with public policy considerations.
  4. D
    Correct Answer
    Neither Mario's statement regarding his operation of the Alpha nor his statement concerning payment of the hospital bills is admissible on the issue of negligence.
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