Ans Doc469

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1. A broker told you the size of the grass area of the yard of the house you bought was 6,000 square feet. However, the grass covered only 5,000 square feet. The lawn size meant nothing to you; you didn’t want a big yard anyway because you hated mowing. You liked the house because it was near a mall and good schools. But after buying the house, you realized that the floor plan was terrible and you wanted out. You sue the broker for misrepresentation concerning the yard. A. You don’t win because the misrepresentation didn’t actually mislead you in a way that caused harm. The element of causation of the harm was lacking. B. You don’t win because the broker was only reckless in coming up with that footage figure, and didn’t intentionally lie. C. You win because brokers are agents and should be punished for any misrepresentation, even done in good faith.
D. You win because the misrepresentation was about something important
2. Your friend from Australia visits. You invite him to a hockey game. “What’s hockey, mate?”
he asks. Only a few minutes into the game he sees a hockey puck coming straight at him.
Your friend has had a few beers and fails to duck and is knocked unconscious. He sues
the hockey team. Which is the better defense for the team?
A. Assumption of risk
B. Contributory/comparative negligence
C. Sovereign immunity
D. Failure to mitigate
3. Whether a plaintiff assumed a risk is determined by
A. whether he or she is a fiduciary.
B. what a “reasonable person” would know about the risks.
C. whether the risk meets the objective standard.
D. what the plaintiff actually knew about the risks.
4. How does assault differ from battery?
A. Battery is an injury to person; assault an injury to property.
B. Battery requires only the expectation of contact; assault requires contact.
C. Assault requires only the expectation of contact; battery requires contact.
D. Assault doesn’t differ from battery; they’re the same tort.
5. Every autumn, apples from your tree fall onto your neighbor’s grass. “In my opinion those
are great apples—you’re lucky,” you tell him when he complains. You refuse to remove
them. The fruit attracts trespassing boys, then rots and brings yellowjackets. What torts
might your apple-hating neighbor successfully sue you for?
A. Public nuisance.
B. Trespass to land and private nuisance.
C. Strict product liability for slippery, dangerous, rotting apples.
D. Misrepresentation for your opinion about the apples’ greatness.
6. In the case described in the preceding question, what defense(s) could you reasonably
raise?
A. Failure to mitigate—the neighbor could have raked the apples up with minimal burden.
B. Charitable immunity—you’ve charitably donated the apples to him.
C. Consent—there’s an implied consent when buying a house to living with natural events
such as falling apples, dogs trampling your flower garden, and the occasional rotten
egg thrown at your house on Halloween.
D. Lack of intent—you didn’t place the apples in his yard.Examination 75
7. You write a newspaper story about a local hobbyist. You take a dislike to the man and in
your article, throw in the assertion that he molested neighborhood children. You won’t be
liable for defamation if
A. the plaintiff consented to you writing a story about his hobby.
B. the plaintiff is a public figure.
C. what you said is true.
D. only one other person besides the plaintiff saw your statement.
8. The defendant walked up to the plaintiff, a stranger, and quietly demanded her money.
No weapon was used. However, the plaintiff felt intimidated and handed over her purse.
After this episode she suffered nightmares for several weeks and required a sleeping
pill prescription.
A. The plaintiff has a case for conversion and appropriation.
B. The plaintiff has a case for conversion and intentional infliction of emotional distress.
C. The plaintiff has a case for conversion but not intentional infliction of emotional
distress. Among other reasons, the facts don’t suggest intent or outrageous or
extreme behavior by the defendant.
D. The plaintiff has a case for battery and conversion.
9. You’re sitting in your easy chair reading a magazine by the light of your picture window.
You look up in time to see a boy throw a rock at the window. Instinctively you duck. The
rock shatters the window, hitting you before falling to the floor. The boy takes off running,
but the police pick him up later. What are the most torts you could reasonably claim the
boy committed?
A. Assault.
B. Assault and battery.
C. Assault and battery and conversion.
D. Assault and battery and conversion and trespass.