Deck 12: Rights and Duties of Landowners and Occupants

Question 1

.If a landowner is aware that a trespasser is on the property most states require only that he not intentionally injure the trespasser.

Answer 1

False

Question 2

A party who enters the land of another without the landowner's consent will always be liable for trespass.

Answer 2

False

Question 3

Under the attractive nuisance doctrine, a landowner will be liable even if he has no reason to know that an artificial condition exists.

Answer 3

False

Question 4

The same activity can result in liability under trespass nuisance or strict liability theories.

Question 5

When a person misplaces or loses personal property, the finder of the property is considered to be the owner, since possession is 9/ 10 of the law.

Question 6

In some cases a landowner's liability to a passerby differs from his liability to an adjoining owner.

Question 7

A person has the right to engage in certain criminal activities in the privacy of her own home.

Question 8

A lawful business cannot be declared a public nuisance.

Question 9

A person who has no legal interest in property, cannot recover damages in a private nuisance action.

Question 10

A traveling salesman who calls upon a business establishment to sell his wares would be considered a licensee

Question 11

Generally, a landowner owes the same duty of care to a licensee as to a known trespasser.

Question 12

The constitutional right to privacy is expressly stated in the United States Constitution.

Question 13

A public nuisance might, in some instances, also be a private nuisance.

Question 14

The trend in the United States today is to refine and clarify the
distinction between invitees, licensees and trespassers.

Question 15

A landowner who is unaware of a dangerous condition on his
property will sometimes be held liable to invitees injured by that condition.

Question 16

While shopping at Ace Food Store, Chris picked up a bottle of Soothing Diet Soda.Unfortunately the soda bottle burst in her hand, injuring her.Although the Soothing Diet Soda Company will likely be liable to Chris, Ace Food Store cannot be under principles of product liability.

Question 17

The locus in quo is the owner of the place in which the personal property is found.

Question 18

It is possible for a landowner to be held liable for injuries resulting from criminal activity, even if he has no knowledge of the activity

Question 19

It is possible that the status of a person on another person's property could change from invitee to licensee to trespasser in a very short span of time

Question 20

A person who has not been negligent and has not intentionally caused injury may still be liable under tort law.

Question 21

Kirk invited Denise to his rural estate for an old-fashioned Texas barbecue.While Kirk was entertaining guests, Denise explored the estate and was attacked by a pack of wild boars.Kirk did not know of the wild boars, but should have known.Denise sued Kirk for her injuries.Denise:

A)was a trespasser and can collect damages.
B)was a licensee and can collect damages.
C)was a licensee and cannot collect damages.
D)was an invitee and can collect damages.
E)was an invitee and cannot collect damages.

Question 22

Examples of a public nuisance include:

A)running a house of prostitution.
B)operating a lawful tavern in such a manner that the customers disturb persons living in the neighborhood.
C)running a factory which is so noisy that the person living next door cannot sleep.
D)all of the above.
E)two of the above.(a and b)

Question 23

Jimmy has in his backyard a swimming pool in which he raises several dangerous species of sharks.The pool does not have a fence around it and neighborhood children frequently visit to watch the sharks without Jimmy's permission.Billy, a 16 year old, made a bet with several of the neighborhood children that he could swim the length of the pool without being injured by the sharks.Billy lost the bet.Now Billy sues Jimmy for his injuries.

A)Billy can recover because he is a child trespasser.
B)Billy can recover because he is a licensee.
C)Billy can recover because he is an invitee.
D)None of the above.

Question 24

Mark and Debbie were playing with a frisbee.Debbie accidentally threw the Frisbee over Mark's head and it landed on the Biltmore Estate.Mark, the owner of the frisbee, enters the Builtmore Estate to retrieve the frisbee.Mark's entry is:

A)a trespass.
B)privileged by necessity.
C)privileged because he was reclaiming personal property.
D)privileged because the frisbee was a nuisance.
E)none of the above.

Question 25

The owner of the locus in quo will prevail over a finder of the property if:

A)the property was found in a private area on the owner's property.
B)the property was lost, but not mislaid.
C)the finder was a trespasser.
D)all of the above.
E)two of the above.(a and c)

Question 26

Hank entered Polly's store to purchase a bottle of wine.Hank sought and was granted permission to drink from a drinking fountain in a restricted area of the store.After drinking from the fountain, Hank entered another, separate restricted area.Hank is:

A)an invitee.
B)a licensee.
C)a trespasser.
D)an attractive nuisance.
E)none of the above.

Question 27

In nuisance cases, courts consider the following factor(s)in determining the reasonableness of the activity:

A)the societal value of the harmful activity.
B)whether the plaintiff stood by and did nothing to prevent the creation of the nuisance.
C)whether the plaintiff moved to an area where an existing nuisance was located.
D)all of the above.
E)two of the above.

Question 28

Individuals attending a free lecture at a local community college are considered to be:

A)licensees.
B)invitees.
C)trespassers.
D)freeloaders.
E)none of the above.

Question 29

Jason was warned that a notorious diamond thief, Pete, planned to steal Jason's diamond, the Empress of India.Jason rigged to the front door of his home a shotgun designed to blast Pete when he opened the door.Pete called upon Jason under the pretext of selling him some life insurance.Jason was out of town at the time and, when Pete broke open the door, he was shot and injured.Pete now sues Jason for his injuries.

A)Pete is a licensee and Jason is liable.
B)Pete is an invitee and Jason is liable.
C)Pete is a trespasser and Jason is liable.
D)Jason is not liable.