1. Peter built a small pond in front of his house for his prize koi fish. The pond was visible from the sidewalk. To keep people and animals away, Peter constructed an eight-foot high chain link fence between the sidewalk and the pond. One day, Stewie, a six-year­ old who lived next door, struggled over the fence to get a closer look at the koi. When Stewie bent down to "pet" a fish, he fell into the water, hit his head on the bottom of the pond, and was rendered unconscious. Three minutes later, Lois, a passerby, saw Stewie floating in the pond, and climbed over the fence to rescue him. Stewie suffered permanent brain damage in the accident, and sues Peter for negligence. Which of the following statements is most likely correct? 

 

A. Because Stewie was a trespasser to whom Peter did not owe a duty of reasonable care with respect to the koi pond, Peter will prevail. 

 

B. Even though Peter owed Stewie a duty of reasonable care with respect to the koi pond, Peter's construction of the fence probably satisfied that duty. 

 

C.Because the koi pond was visible from the sidewalk, Stewie will prevail. 

 

D. Because Stewie did not appreciate the danger posed by the koi pond, Stewie will prevail.

 

 

2. While drinking in a bar, Mauricio got angry at another patron's insults and tried to punch him. The man ducked, however, and Mauricio accidentally punched a woman standing behind him, breaking her nose. Mauricio is charged with battery, which requires an "intentional act to injure another through physical contact." Will he be found guilty? 

 

A. Yes, because even if Mauricio did not intend to hit the person injured, he did intend to hit another person. 

B. Yes, because the intent to hit someone is unnecessary. 

C. No, because Mauricio did not intend to hit the person injured. 

D. No, because Mauricio's intent to hit the man who insulted him was justified 

 

 

3. Hannah suffered a heart attack. Her husband Hardy dialed 911, but was unable to get through because the phone lines were jammed with callers trying to obtain tickets for an upcoming concert by a very popular group, which had just become available. Unfortunately, Hannah died. Hardy has sued Phone Co. for negligence. If Phone Co. claims that there was no cause in fact relationship between its conduct and Hannah's death, which of the following statements is most likely correct? 

 

A. Unless Hardy can prove that had the phone lines been open, Hannah would not have died, or that her life would have been extended in some meaningful way, Hardy will not prevail. 

 

B. Unless Phone Co. can prove that had the phone lines been open, Hannah would have died anyway, or that her life would not have been extended in some meaningful way, Hardy will prevail. 

 

C. If it was not foreseeable that the phone lines would be jammed and that a person would die because the 911 service would be unreachable, there was no cause in fact relationship between Phone Co.'s conduct and Hannah's death, and Hardy will not prevail. 

 

D. Because Phone Co. did not act, there is no cause in fact relationship, and Hardy will not prevail.

 

 

4. Bill and Emily entered into a contract whereby Bill promised to build an apartment building for Emily for $100,000, with progress payments of $9,000 a month. Honest differences arose after five months over whether landscaping was extra or within the contract terms. Emily suggested that the issue be resolved by her promising to pay Bill an additional $5,000 upon Bill's current promise to do, and eventual completion of, the landscaping as set forth in the plans. Bill agreed. Assume that Bill does the landscaping. If Emily can prove that landscaping was within the terms of the original contract:

 

A. She need not pay the extra $5,000 for her promise to do so is unenforceable.

 

B. She must pay Bill the extra $5,000 because she entered into a valid accord with Bill.

 

C. She must pay Bill the extra $5,000 because she entered into a valid novation with Bill.

 

D. She must pay Bill the extra $5,000 because she entered into a valid substituted performance agreement with Bill.

 

law

SuperTutor

(15)

Status NEW Posted 16 May 2017 06:05 AM My Price 7.00

-----------

Attachments

file 1494917138-Solutions file.docx preview (56 words )

S-----------olu-----------tio-----------ns -----------fil-----------e -----------Hel-----------lo -----------Sir-----------/Ma-----------dam----------- T-----------han-----------k y-----------ou -----------for----------- yo-----------ur -----------int-----------ere-----------st -----------and----------- bu-----------yin-----------g m-----------y p-----------ost-----------ed -----------sol-----------uti-----------on.----------- Pl-----------eas-----------e p-----------ing----------- me----------- on----------- ch-----------at -----------I a-----------m o-----------nli-----------ne -----------or -----------inb-----------ox -----------me -----------a m-----------ess-----------age----------- I -----------wil-----------l b-----------e q-----------uic-----------kly----------- on-----------lin-----------e a-----------nd -----------giv-----------e y-----------ou -----------exa-----------ct -----------fil-----------e a-----------nd -----------the----------- sa-----------me -----------fil-----------e i-----------s a-----------lso----------- se-----------nt -----------to -----------you-----------r e-----------mai-----------l t-----------hat----------- is----------- re-----------gis-----------ter-----------ed -----------onÂ----------- th-----------is -----------web-----------sit-----------e. ----------- H-----------YPE-----------RLI-----------NK -----------&qu-----------ot;-----------htt-----------p:/-----------/wo-----------rkb-----------ank-----------247-----------.co-----------m/&-----------quo-----------t; -----------\t -----------&qu-----------ot;-----------_bl-----------ank-----------&qu-----------ot;----------- -----------Tha-----------nk -----------you----------- -----------

Not Rated(0)

• Buy Answer