Arvid Dunston Was Severely Injured When a Large Rock Tumbled

Multiple Choice

Arvid Dunston was severely injured when a large rock tumbled off a steep cliff and crashed through his windshield as he drove. Arvid sued the company that manufactured his vehicle on the basis that it had tortiously failed to use a type of glass that might have prevented the rock from entering the vehicle. He also sued the provincial government on the basis that the government had tortiously failed to inspect the area for rocks that might fall onto the road and hurt motorists. Which of the following statements is TRUE?

A) While the common law traditionally said that "the King can do no wrong," the relevant rules have been changed so that the same rules will govern both of Arvid's claims.
B) Arvid's two claims cannot be heard together because all claims against the government must be heard in a special type of court that is not available for disputes between two private parties.
C) In order to sue both the company and the government at the same time, Arvid will be required to satisfy the rules governing class actions.
D) The limitation periods that are applicable to the two claims will almost certainly be the same.
E) Even though one of the defendants is a private company and the other is a government, both claims will require Arvid to prove his allegations on a balance of probabilities.