Exam (elaborations)
MBE Post Midterm Answers (1)
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- NC Commercial Contractor
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- NC Commercial Contractor
MBE Post Midterm Answers (1)
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MBE Post Midterm AnswersD. No, because there is no evidence that the woman was aware of the gasoline leak. - ANS-A
man's car sustained moderate damage in a collision with a car driven by a woman. The accident
was caused solely
by the woman's negligence. The man's car was still drivable after the accident. Examining the
car the next morning,
the man could see that a rear fender had to be replaced. He also noticed that gasoline had
dripped onto the garage
floor. The collision had caused a small leak in the gasoline tank.
The man then took the car to a mechanic, who owns and operates a body shop, and arranged
with the mechanic to
repair the damage. During their discussion the man neglected to mention the gasoline leakage.
Thereafter, while the
mechanic was loosening some of the damaged material with a hammer, he caused a spark,
igniting vapor and
gasoline that had leaked from the fuel tank. The mechanic was severely burned.
The mechanic has brought an action to recover damages against the man and woman. The
jurisdiction has adopte
C. deny the motion, because the jury may infer that the aircraft was crashed due to the airline's
negligence - ANS-A traveler was a passenger on a commercial aircraft owned and operated by
an airline. The aircraft crashed into a
mountain, killing everyone on board. The flying weather was good.
The traveler's legal representative brought a wrongful death action against the airline. At trial,
the legal representative
offered no expert or other testimony as to the cause of the crash.
On the airline's motion to dismiss at the conclusion of the legal representative's case, the court
should
A. Deny both motions, because there is evidence to support a finding that the construction
company should have realized that its negligence could create an opportunity for a third party to
commit a crime. - ANS-A construction company was digging a trench for a new sewer line in a
street in a high-crime neighborhood. During
the course of the construction, there had been many thefts of tools and equipment from the
construction area. One
night, the construction company's employees neglected to place warning lights around the
trench. A delivery truck
drove into the trench and broke an axle. While the truck driver was looking for a telephone to
call a tow truck, thieves
broke into the truck and stole $350,000 worth of goods. The delivery company sued the
construction company to
, recover for the $350,000 loss and for the damage to its truck. The construction company has
stipulated that it was
negligent in failing to place warning lights around the trench and admits liability for damage to
the truck, but it denies
liability for the loss of the goods.
On cross-motions for summary judgment on the claim for the goods, how should the
C. $100,000. - ANS-A four-year-old child sustained serious injuries when a playmate pushed
him from between two parked cars into the
street, where he was struck by a car. The child, by his representative, sued the driver of the car,
the playmate's
parents, and his own parents. At trial, the child's total damages were determined to be
$100,000. The playmate's
parents were determined to be 20% at fault because they had failed to adequately supervise
her. The driver was
found to be 50% at fault. The child's own parents were determined to be 30% at fault for failure
to adequately
supervise him. The court has adopted the pure comparative negligence doctrine, with joint and
several liability, in
place of the common law rules relating to plaintiff's fault. In addition, the common law doctrines
relating to intra-family
liability have been abrogated.
What is the maximum amount, if anything, that the child's representative can recove
C. No, because the landlord did not have notice of the dog's vicious propensities. - ANS-A child
was bitten by a dog while playing in a fenced-in common area of an apartment complex owned
by a landlord.
The child was the guest of a tenant living in the complex, and the dog was owned by another
tenant. The owner of the
dog knew that the dog had a propensity to bite, but the landlord did not have any notice of the
dog's vicious
propensities.
In an action by the child against the landlord, will the child be likely to prevail?
A. Liability, because the hotel had a nondelegable duty to the guest to keep a safe premises. -
ANS-A hotel employed a carefully selected independent contractor to rebuild its swimming pool.
The hotel continued to
operate while the pool was being rebuilt. The contract between the hotel and the contractor
required the contractor to
indemnify the hotel for any liability arising from the contractor's negligent acts. A guest of the
hotel fell into the
excavation, which the contractor had negligently left unguarded.
In an action by the guest against the hotel to recover for his injuries, what would be the most
likely outcome?
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