Question 1

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:

Accepted Answer

The answer of Kirk invited Denise to his rural estate...

Question 2

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.

Accepted Answer

Billy is a trespasser in this scenario because he did not have permission from Jimmy to enter his property and swim in the pool. As a trespasser, Jimmy only owes Billy a duty to refrain from willfully or wantonly injuring him, which Jimmy did not do. Therefore, Billy cannot recover for his injuries under any of the legal classifications provided in the options.

Question 3

A trespasser faces potential liability for:

Accepted Answer

A trespasser can face various types of damages including nominal damages (for the mere act of trespassing without causing significant harm), double or triple damages (in jurisdictions that allow for such penalties as a deterrent), punitive damages (if the trespass was willful and malicious), and compensatory damages (to compensate the property owner for any actual harm or loss caused by the trespass).

Question 4

Examples of a public nuisance include:

Accepted Answer

The answer of Examples of a public nuisance include:
...

Question 5

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

Accepted Answer

The owner of the locus in quo will prevail over a finder of the property if the finder was a trespasser, as the owner has a superior right to the property within their property boundaries. The same applies if the property was found within a private area on the owner's property. However, if the property was lost (meaning the owner inadvertently lost possession), rather than mislaid (meaning the owner intentionally placed the property somewhere and forgot where), the finder may have a claim to the property, even if it was found on the owner's property. Therefore, the correct answer is E, as it includes the two situations where the owner would prevail over the finder.

Question 6

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:

Accepted Answer

Hank did not have permission to enter the separate restricted area, making him a trespasser.

Question 7

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.

Accepted Answer

Jason is liable because, even though Pete is a trespasser, the use of a deadly trap is not justified to protect property. Property owners cannot use excessive force or deadly traps to protect their property from trespassers.

Question 8

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

Accepted Answer

Courts consider all three factors in determining the reasonableness of the activity in nuisance cases. The societal value of the harmful activity is weighed against the harm caused to the plaintiff. Whether the plaintiff stood by and did nothing to prevent the creation of the nuisance is relevant to the reasonableness of the plaintiff's complaint. Finally, whether the plaintiff moved to an area where an existing nuisance was located is also a relevant factor in determining the reasonableness of the plaintiff's claim.

Question 9

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:

Accepted Answer

The answer of Mark and Debbie were playing with a...

Question 10

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

Accepted Answer

Individuals attending a free lecture at a local community college are considered invitees. They have been invited onto the property and the property owner has a duty to ensure their safety.

Quiz 12: Rights and Duties of Landowners and Occupants