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 the lawn.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, and 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, fails to duck, and is knocked unconscious. When he awakens, he sues the hockey team. Which of the following is the best defense for the team?
A. Assumption of risk C. Sovereign immunity
B. Contributory/comparative negligence D. Failure to mitigate
3. Which of the following determines whether a plaintiff assumed a risk?
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 is 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 bees. 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 greatness of the apples
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.
7. You get the assignment to write a newspaper story about a local hobbyist and take a dislike to the man during the interview. When you write the article, you 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 just in time to see a boy throw a rock at the window. Instinctively, you duck, but the rock shatters the window and hits you before it falls to the floor. The boy takes off running, but the police pick him up later.What are the torts you could reasonably claim the boy committed?
A. Assault
B. Assault and battery
C. Assault, battery, and conversion
D. Assault, battery, conversion, and trespass
10. An intoxicated man standing on the other side of a wide river shouts at you, threatening to "punch your lights out." He would, in all probability, be found to have committed
A. assault.
B. assault and battery.
C. no tort, since the element of expectation was absent.
D. negligence.