Reference no: EM133330964

1. While Riva was away on vacation, Mike broke into her apartment and took her television. Riva has now returned home and discovered what had happened. She is furious. Which of the following statements is TRUE?

a. Riva must decide between treating Mike as a tortfeasor or as a criminal-he cannot be treated as both.

b. It is possible that Mike will be sued for trespass and criminally prosecuted for theft.

c. Because Mike's acts constituted crimes, the government is entitled to decide whether he can be sued in tort.

d. It will be easier to find Mike guilty of a crime than liable for a tort.

2. One primary difference between obligations in contract and obligations in tort is

a. Tort remedies look forward and contract remedies look backwards.

b. In contract law, no previous relationship is required.

c. In tort law, no previous relationship is required.

d. In tort law, obligations are public in nature.

3. Cowles v Balac was a case in which the plaintiff were injured by a tiger while they drove through a wildlife park in their car. The plaintiff sued the company that owned and operated the park. Which of the following statements is TRUE?

a. The plaintiff could hold the company liable only if they proved that it either intentionally or carelessly caused their injuries.

b. The company could have avoided liability by proving that the plaintiff had consented to the risk of being injured.

c. The company could be held strictly liable only if they had a contract with the plaintiff.

d. The plaintiff were entitled to sue the company only because the plaintiff had obtained liability insurance before the incident.

4. Strict liability torts are very dramatic in theory, but they are rare because

a. Insurance is not available for strict liability torts.

b. In most cases it would be unfair to impose liability on someone who did not intentionally or carelessly cause injury.

c. It's hard to find a lawyer who will represent a defendant in a strict liability case.

d. A strict liability tort occurs only if the parties had a contract.