FACTS On a busy day during the Christmas holidays, Main Street, near the University of Delaware Newark Campus, is bustling with students, their parents, tourists and area residents. Traffic on Main Street is at a standstill. Hundreds of cars are stuck in traffic. None of the cars are moving because a transport train is passing on the tracks that intersect Main Street. Jill is the driver of the last car on Main Street. Mary is the driver of the first car on Main Street and is near the train tracks. Jack, while driving 100 miles per hour (in a 25 mile per hoar zone) (accidentally crashes in to the rear of Jill's car. Jill's car is pushed into the car in front of Jill's car, that car is pushed into the rear of the car in front of it and so on until Mary's car, the first car in line, is pushed against the side of the passing train. Mary's car is substantially damaged and Mary herself suffers substantial injuries. Jill's car is also substantially damaged and Jill herself sustains substantial injuries to her face) broken arms and broken legs. Jill experiences constant pain and has nightmares almost every night that prevent her from sleeping well 5 EQUESTIONS QUESTION #1. Jill intends to sue Jack. What theory of liability (claim) should Jill use to provide her the best chance of winning her lawsuit? Explain your answer by discussing the elements that Jill would have to prove to win her lawsuit, Be sure to explain what each element means and be sure to state why you think each element can be proven given the facts stated above. (25 Points)

QUESTION #2. What damages do you expect Jill will receive if Jill wins her lawsuit? BRIEFLY EXPLAIN YOUR ANSWER. (9 Points) QUESTION #3. Mary sued Jack for negligence. Mary lost her lawsuit. Which elements (criteria) of her negligence claim did Mary fail to prove? BRIEFLY EXPLAIN YOUR ANSWER. (6 Points).