A single act can be both tort and crime

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Reference no: EM132266795

1. A single act can be both a tort and a crime.

True or False

2. Intent and motive are the same thing.

True or False

3. Intent and premeditation are the same thing.

True or False

4. The primary purpose of tort law, and the aspect that most clearly distinguishes it from criminal law, is that tort law is intended to:

a) Punish b)Compensate c)Deter d)Maintain Order

5. Name the 3 categories of torts.

Intentional, strict liability, negligence

6. The reasonable person standard does not apply to novices.

True or False

7. The reasonable person standard is a(n) __________ standard.

Objective or Subjective

8. What are the foreseeable consequences of the following negligent act? Choose all answers that apply.

A restaurant serves foul-smelling shrimp to a customer.

-The customer becomes ill and vomits.

-The customer loses a business deal because she became ill.

-A waiter slips in the customer's vomit and hurts himself.

9. What are the foreseeable consequences of the following negligent act? Choose all answers that apply.

A company manufactures a defective dog leash that tends to snap where the dog's collar attaches to the leash.

-The dog escapes from its owner and bites someone.

-The dog is a mixed-reed dog. It escapes and mates with a pure-breed dog, resulting in offspring that aren't as valuable.

-The dog escapes from its owner.

10. I aim and throw a rock at your head. I hit your head with the rock. Did I intend to hit you?

Yes or No

11. I aim and throw a rock at your head. I hit your head with the rock. But I did it because there was a bee on your head, and you are deathly allergic to bees. I figured getting hit in the head with a rock was better than dying.

Did I intend to hit you?

Yes or No

12. I'm chopping vegetables in my kitchen. I think I am home alone. You are my favorite cousin. You have come to town to surprise me for my birthday. You quietly let yourself into my house while I'm chopping, sneak up behind me, and scream "SURPRISE!!!!!" at the top of your lungs.

I jump involuntarily at being startled, and in doing so, I stab you.

Have I acted intentionally?

Yes or No

13. I'm chopping vegetables in my kitchen. I think I am home alone. You are my favorite cousin. You have come to town to surprise me for my birthday. You quietly let yourself into my house while I'm chopping, sneak up behind me, and scream "SURPRISE!!!!!" at the top of your lungs.

I think I'm about to be abducted. I turn around and start stabbing blindly at the person I believe is attacking me. It's only after I've stabbed you about a dozen times that I realize who you are.

Have I acted intentionally?

Yes or No

14. Strict liability means a person is responsible for any damages they cause while acting very unreasonably.

True or False

15. Jay, a contractor, was hired by the City of Fort Worth to renovate a local park. The job required Jay to dig several large pits. Jay was usually very diligent at putting safety fences around the pits he dug, but on the day in question, he simply forgot to do it.

Later that evening, Silent Bob, a young, quiet boy who lived next to the park, was out exploring the park as kids often do. Silent Bob was walking while looking up at a bird in a tree when he tripped and fell into Jay's open pit.

Fortunately, Silent Bob was not injured by the fall. Unfortunately, the reason he wasn't injured by the fall is because his fall was softened by a 1,200-pound brown bear that had escaped from a local zoo sometime between Jay's departure from the site and Silent Bob's arrival there. The bear had crawled into the pit to take a nap. The bear was not happy about being so abruptly awakened by the falling boy.

Well, you know where this is going. The bear so thoroughly and ferociously mauled Silent Bob that it would be impolite for me to describe the scene any further than I already have. The good news is that Silent Bob survived the encounter and has mostly recovered following a lengthy and expensive stay in the hospital. The bad news is than he now has a pretty serious limp and an aversion to stuffed animals.

Did Jay breach a duty by failing to put a safety fence around the pit?

Yes or No

16. Based on the same facts from the Jay and Silent Bob question above, if you assume that Jay breached a duty by failing to put a safety fence around the pit, was that failure the actual cause of Silent Bob's injury?

For purposes of this question, you may assume that bears can climb fences.

Yes or No

Reference no: EM132266795

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