Popular in Business Law 1
Popular in Law
This 5 page Class Notes was uploaded by Emely Curvelo on Thursday November 12, 2015. The Class Notes belongs to Law 101 at Pace University taught by Adrian Armstrong in Summer 2015. Since its upload, it has received 102 views. For similar materials see Business Law 1 in Law at Pace University.
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Date Created: 11/12/15
CHAPTER 9 REVIEW QUESTIONS 1 Dennis an avid baseball fan is practicing his pitching in front of Mr Wilson s house Dennis is pitching his baseball at a tree in front of Mr Wilson s house The tree stands directly in front of Mr Wilson39s large living room window One pitch gets away from Dennis sails past the tree and right through the living room windows Mr Wilson sues Dennis for negligence for breaking his window If Dennis argues that he did not mean to break the window he will A Win because the law understands that accidents happen B Win because he did not maliciously break the window C Lose because Dennis intentionall threw the ball 39l he plaintive wins because the defendant was negligent 2 Tony is a truck driver for PetroCorp a large oil and gas company Tony s last assignment was to transport ve thousand tengallon tanks of propane gas from New York to Boston After the truck was loaded Tony used hemp rope to tie the load down and secure it to the truck While on Route 95 the rope securing the tanks snaps and several of the propane lled tanks fall from the truck and explode In a suit for negligence against Tony his best defense is that A He made sure to tie the rope securely B Ro e was the on thin he had available to secure the tanks f tt the 5 could explode iftey flloff he tru A if 3 Inigo and F ezik two children are playing a game on the sidewalk in front of their house The game involves both of them closing their eyes and spinning around until they are dizzy Once they are dizzy they have to try and walk in a straight line Inigo spins around and is trying to walk in a straight line when because he is too dizzy falls down Unfortunately Inigo falls right in front of Wesley who is walking home from work Wesley doesn t see Inigo and ends up tripping over him falling to the ground and breaking his wrist If Wesley sues Inigo for negligence Wesley will probably Bo because Inigo didn t mean to hurt Wesley C Win because children under four years of age cannot be held liable for negligence D Lose because Inigo and Fezik were only playing a game 4 Rip Van Winkle suffers from narcolepsy a disorder in which people suddenly and randomly fall asleep Rip knows he has this disorder One day Rip decides to take a drive over to the mall to buy some sneakers While he is driving to the mall he suddenly falls asleep at the wheel and his car careens into a crowd of people injuring several people In a suit against Rip for negligence he will probably A Win because Rip s disorder is beyond his control B Win because the law does not want to discriminate against people with disabilities C Lose because reasonable o 0l do not fall aslee u at the wheel 5 After graduating from Paralegal School Inigo goes to celebrate at his favorite bar Over the course of the next few hours Inigo has several beers and cocktails By the end of the evening Inigo is visibly drunk but he decides to get into his car and drive over to his friend F ezik s house to tell Fezik the good news On the way Inigo loses control of his car and crashed through the front window of Wesley s burger joint In a suit against Inigo for negligence Inigo will probably B Lose because drunk driving is a crime C Win because a reasonable drunk person could easily get into an accident while driving D Win because Inigo did not intend to crash into Wesley s restaurant Think ofthe ELEMENTS for negligence 1xquot a 6 Marty is late for school one day so instead of walking like he normally does he gets onto his skateboard grabs hold of the back of a passing pick up truck and holds on for the ride At some point the truck passes through a busy intersection Unfortunately Biff who is coming from the other direction runs his red light barrels through the intersection and crashes into the pickup truck The truck is damaged and Marty is severely injured Marty sues Biff for negligence The suit is brought in a pure comparative negligence jurisdiction and the jury determines that Marty is 70 responsible for his injuries and Biff is 30 responsible for Marty s injuries That being the case Marty will collect B 70 of the damage award C 100 of the damage award D Nothing Marty is the Plaintiver Biff is the defendant Make sure it equals to l 7 Marty is late for school one day so instead of walking like he normally does he gets onto his skateboard grabs hold of the back of a passing pick up truck and holds on for the ride At some point the truck passes through a busy intersection Unfortunately Biff who is coming from the other direction runs his red light barrels through the intersection and crashes into the pickup truck The truck is damaged and Marty is severely injured Marty sues Biff for negligence The suit is brought in a partial comparative negligence jurisdiction and the jury determines that Marty is 70 responsible for his injuries and Biff is 30 responsible for Marty s injuries That being the case Marty will collect A 30 of the damage award B 70 of the damage award C 100 of the damage award 8 Mike and Ike are two selfproclaimed dare devils who love the adrenaline rush they get from pulling off dangerous stunts One of their favorite games is car dodging where they run out into the middle of the street and dodge oncoming traf c However Mike and Ike are not as brave as they think they are and they only jump out in front of cars that are going slow enough to stop in time when the driver sees what is going on One day Mike and Ike decide to car dodge on Main Street a road in their town with a speed limit of25 mph Mike jumps into the street about one hundred feet in front of an oncoming Yugo Unfortunately the car is moving at 90 mph much too fast to avoid hitting Mike Mike can t get out of the way in time and is severely injured when the car hits him Milge ues the driyerLarguing that the driver was negligent for traveling at 65 mph above the speed limit The Jury determines that Mike has suffered 10000 in damages but that he was 90 at fault and the driver was only 10 at fault If Mike sues in a pure comparative negligence jurisdiction he will A Recover 10000 B Recover 9000 Rcvr otg Chapter 9 Assault and Battery 1 Tom is walking down the street on his way to the train station There is a crowd of people at the train station and while trying to get through the station doors Tom brushes up against Jerry In an action against Tom for battery Jerry will probably A Win because Tom intentionally touched Jerry B Win because Tom could have waited until the crowd dis ersed D Lose because Tom would t have brused J e d n a crowd 2 Tom throws a rock at Jerry Jerry sees the rock coming at him and re exiver throws his hands up to protect his face While putting his hands up Jerry accidentally slaps Spike in the face In an action for battery against Jerry Spike will probably A Win because Jerry touched Spike in an offensive manner B Win because Jerry could have defended himself in a different manner C Lose because Jer would not have hit like had Tom not thrown the rock 3 Spike is walking his dog Droopy when he sees Tom on the street Tom comes over to Spike and begins arguing with Spike about some money that Spike owes Tom Tom angrily tears the dog leash that Spike is holding out of Spikes hand but Tom never actually makes contact with Spike In an action against Tom for battery Spike will probably A Lose because Tom never touched S ike C Los beause ullig a leash ut of somene shan not harmful or offensive D Win because Tom confronted Spike rst 4 Tom owes Spike 500 for a loan Spike gave Tom After six months Spike goes to Tom s house and tells Tom that if he doesn t pay his debt within one week Spike is going to break Tom s legs In an action against Spike for Assault Tom will probably A Win because Spike threatened Tom B Win because Tom is afraid of S ike D Lose because there was no Intentional Act 5 Tom owes Spike 500 for a loan that Spike gave Tom Late one night Spike sees Torn walking down the street and goes over to confront Tom about the outstanding debt Spike pulls out a loaded gun points it at Tom and tells Tom that if he doesn t repay his loan in the next thirty seconds Spike is going to shoot Tom Tom believes that Spike39s gun is loaded and he believes that Spike will shoot However Tom is wearing a bulletproof vest and is not afraid of Spike shooting at him In an action against Spike for assault Tom will probably A Win because S ike threatened Tom with imminent contact 0 Win because carrying a gun is M D Lose because Tom owes Spike money 6 Tom owes Spike 500 for a loan that Spike gave Tom Late one night Spike sees Tom walking down the street and goes over to confront Tom about the outstanding debt After the argument Tom turns his back on Spike and begins to walk away Spike picks up a rock and throws it at Tom The rock misses Tom and Tom never sees the rock coming toward him Lian action against Spike for assault Tom will probably A Win because pike threatened Tom with imminent contact C Win because carrying a gun is illegal D Lose because Tom owes Spike money 7 Yogi is chasing BooBoo after BooBoo steals one of Yogi s picnic baskets Yogi chases BooBoo into a room on the tenth floor of a building The room has a window that is located one hundred fty feet above the ground However the room also had a hidden trap door that led to a staircase to the ground oor BooBoo is unaware of the door After chasing BooBoo into the room Yogi leaves and locks the door behind him In an action for false imprisonment against Yogi BooBoo will probably A Lose because the window provided a means of escape B Win because BooBoo is unaware of the trap door C Lose because Yo i left the room What are the ELEMENTS for false imprisonment 8 Tweedy knows that Sylvester has a morbid fear of spiders As a practical joke Tweedy buys some rubber spiders and puts them in Sylvester s bed while Sylvester is sleeping When Sylvester wakes up he sees several spiders on his bed and is frightened so badly that he suffers a nervous breakdown In an action against Tweedy for intentional in iction of emotional distress Sylvester will probablL A Lose because the s iders were not real l V I T 39 J C Lose because reasonable people are not morbidly afraid of spiders D Lose because Tweedy s intentions were not malicious
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