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Question 1
Michael owns an apple farm in rural North Carolina. The western edge of Michael's property is bordered by a road that connects the area's farms to each other and to the city. One of the apple trees at that end of Michael's property has rotted and, during one particularly windy day, the tree falls over into the road. Unfortunately, Scottie happens to be driving by when the tree falls and the tree lands on top of Scottie's car. If Scottie sues Michael for damages, he will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The general rule concerning duties owed to persons outside the land occupier's land is that the land occupier has no duty of care with respect to natural conditions such as trees or rocks or other naturally existing objects. However, this general rule only applies to rural areas. Here, Michael's land was in a rural area so he owed Scottie no duty as far as keeping him safe from naturally existing conditions on his land were concerned. Thus, Scottie cannot recover from Michael and D is the correct answer.
Incorrect! The general rule concerning duties owed to persons outside the land occupier's land is that the land occupier has no duty of care with respect to natural conditions such as trees or rocks or other naturally existing objects. However, this general rule only applies to rural areas. Here, Michael's land was in a rural area so he owed Scottie no duty as far as keeping him safe from naturally existing conditions on his land were concerned. Thus, Scottie cannot recover from Michael and D is the correct answer.
Question 2
Michael owns a home in suburban Chicago. The western edge of Michael's property is bordered by the town's street. One of the big oak trees at that end of Michael's property has rotted and, during one particularly windy day, the tree falls over into the road. Unfortunately, Scottie happens to be driving by when the tree falls and the tree lands on top of Scottie's car. If Scottie sues Michael for damages, he will probably:
Correct
Incorrect!
Correct The general rule concerning duties owed to persons outside the land occupier's land is the land occupier has no duty of care with respect to natural conditions such as trees or rocks or other naturally existing objects. However, this general rule only applies to rural areas. Here, Michael's land was in a suburban area so he owed Scottie a duty as far as keeping him safe from naturally existing conditions on his land were concerned. Thus, Scottie can recover from Michael and B is the correct answer.
Incorrect! The general rule concerning duties owed to persons outside the land occupier's land is the land occupier has no duty of care with respect to natural conditions such as trees or rocks or other naturally existing objects. However, this general rule only applies to rural areas. Here, Michael's land was in a suburban area so he owed Scottie a duty as far as keeping him safe from naturally existing conditions on his land were concerned. Thus, Scottie can recover from Michael and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Mickey owns an estate in suburban New York. As a hobby, Mickey buys a metal detector and begins to search his property for buried objects. He gets a reading from the metal detector in one particular spot and Mickey begins to dig. After digging ten feet, Mickey gives up but he does not fill in the hole. Roger, who has just arrived in New York from North Dakota, is wandering around Mickey's neighborhood looking for a motel. Roger sees Mickey's house and decides to ring the bell and ask for information. Roger jumps the fence marking Mickey's property and is making his way across Mickey's lawn when he falls into the pit and breaks his leg. If Roger sues Mickey for negligence, Roger will be able to recover for his injuries:
Correct
Incorrect!
Correct Roger is an ordinary trespasser and the general rule is that a land occupier owes no duty to a trespasser whose presence on the land is unknown to the land occupier. This is true with respect to both natural and artificial conditions existing on the land as well as in regard to all activities occurring on the land. Therefore, Mickey owed no duty to Roger and Roger will not be able to recover against Mickey. Thus, False is the correct answer.
Incorrect! Roger is an ordinary trespasser and the general rule is that a land occupier owes no duty to a trespasser whose presence on the land is unknown to the land occupier. This is true with respect to both natural and artificial conditions existing on the land as well as in regard to all activities occurring on the land. Therefore, Mickey owed no duty to Roger and Roger will not be able to recover against Mickey. Thus, False is the correct answer.
Question 4
Mickey owns an estate in suburban New York. One of the prize features on Mickey's land is a lake that Mickey likes to swim in. Once or twice a week, Roger, Phil, Yogi and Whitey go swimming in the lake as well, even though they know the lake is private property. None of them know Mickey and nobody has ever asked his permission to use the lake. Further, Mickey knows that they use his lake but he has never done anything to stop them. As a hobby, Mickey buys a metal detector and begins to search his property for buried objects. He gets a reading from the metal detector in one particular spot and Mickey begins to dig. After digging ten feet, Mickey gives up but he does not fill in the hole. Later that day, Roger, Phil, Yogi and Whitey are making their way across Mickey's lawn toward the lake when Roger falls into the pit and breaks his leg. If Roger sues Mickey for negligence, Roger will be able to recover for his injuries:
Correct Here, Roger is considered a "consistent trespasser upon a limited area". The consistent trespasser refers to a person habitually intruding upon the land or upon a certain area of the land. As with the ordinary trespasser, there is no duty owed to a consistent trespasser whose presence on the land is unknown to the land occupier. However, Mickey knew that Roger was a consistent trespasser so Mickey owed a duty to either warn Roger of, or make safe, all artificial conditions and activities that involve a risk of death or serious bodily harm that the trespassers are unlikely to discover. That being the case, Mickey owed Roger a duty to either put up clear warnings as to the existence of the pit or fill the pit in. Mickey did neither. Therefore, he violated his duty to Roger. Roger can recover against Mickey for his injuries and True is the correct answer.
Incorrect! Here, Roger is considered a "consistent trespasser upon a limited area". The consistent trespasser refers to a person habitually intruding upon the land or upon a certain area of the land. As with the ordinary trespasser, there is no duty owed to a consistent trespasser whose presence on the land is unknown to the land occupier. However, Mickey knew that Roger was a consistent trespasser so Mickey owed a duty to either warn Roger of, or make safe, all artificial conditions and activities that involve a risk of death or serious bodily harm that the trespassers are unlikely to discover. That being the case, Mickey owed Roger a duty to either put up clear warnings as to the existence of the pit or fill the pit in. Mickey did neither. Therefore, he violated his duty to Roger. Roger can recover against Mickey for his injuries and True is the correct answer.
Correct
Incorrect!
Question 5
Mickey owns a one thousand acre estate in suburban New York. Mickey is an avid hunter and he digs several pits on his property to trap game animals. He covers the pits with grass and branches so that they cannot be seen and he posts warning signs next to each pit to protect people from falling into them. Roger, a good friend of Mickey's, decides to drop in on Mickey one day. As Roger is making his way across Mickey's property, he falls into one of the pits and breaks his leg. If Roger sues Mickey for negligence, Roger will not be able to recover for his injuries:
Correct Roger is a licensee. A land occupier owes a duty to warn licensees of, or make safe, natural or artificial conditions involving any risk of harm that the land occupier knows about and that would not be obvious to a reasonable person coming onto the land. Here, Mickey knew about the pits but, because the pits were concealed, there was no way that Roger could have known about them. That being the case, Mickey had a duty to either fill the pits in or warn people about them. By putting up warning signs, Mickey has fulfilled his duty. Therefore, Roger will not be able to recover from Mickey and True is the correct answer
Incorrect! Roger is a licensee. A land occupier owes a duty to warn licensees of, or make safe, natural or artificial conditions involving any risk of harm that the land occupier knows about and that would not be obvious to a reasonable person coming onto the land. Here, Mickey knew about the pits but, because the pits were concealed, there was no way that Roger could have known about them. That being the case, Mickey had a duty to either fill the pits in or warn people about them. By putting up warning signs, Mickey has fulfilled his duty. Therefore, Roger will not be able to recover from Mickey and True is the correct answer
Correct
Incorrect!
Question 6
Mickey has recently purchased a one thousand acre estate in suburban New York from Orion. Orion was an avid hunter and had dug several pits on the property to trap game animals. When Orion sells the property to Mickey, he forgets to tell Mickey about the pits although, had Mickey inspected the land, he would have discovered them. Roger, a good friend of Mickey's, decides to drop in on Mickey one day. As Roger is making his way across Mickey's property, he falls into one of the pits and breaks his leg. If Roger sues Mickey for negligence, Roger will not be able to recover for his injuries:
Correct Roger is a licensee here and a landowner owes a duty to warn licensees of, or make safe, natural or artificial conditions involving any risk of harm (not just risk of death or serious injury) that the land occupier knows about. The land occupier is under no duty to warn or make safe any dangerous conditions that he does not know about. Here, Mickey did not know about the pits. Further, the fact that he could have discovered the pits makes no difference because a land occupier does not owe a licensee a duty to inspect the land to discover any undiscovered dangers. That being the case, Mickey did not owe a duty to Roger. Therefore, Roger will not be able to recover from Mickey and True is the correct answer.
Incorrect! Roger is a licensee here and a landowner owes a duty to warn licensees of, or make safe, natural or artificial conditions involving any risk of harm (not just risk of death or serious injury) that the land occupier knows about. The land occupier is under no duty to warn or make safe any dangerous conditions that he does not know about. Here, Mickey did not know about the pits. Further, the fact that he could have discovered the pits makes no difference because a land occupier does not owe a licensee a duty to inspect the land to discover any undiscovered dangers. That being the case, Mickey did not owe a duty to Roger. Therefore, Roger will not be able to recover from Mickey and True is the correct answer.
Correct
Incorrect!
Question 7
Mickey has recently purchased a one thousand acre estate in suburban New York from Orion. Orion was an avid hunter and had dug several pits on the property to trap game animals. When Orion sells the property to Mickey, he forgets to tell Mickey about the pits although, had Mickey inspected the land, he would have discovered them. Mickey is a dedicated environmentalist and he decides to turn his property into a nature reserve and arboretum. Mickey opens the nature reserve to the public and his property soon becomes a popular tourist attraction. Roger, a tourist from North Dakota, decides to spend a day at the nature reserve but, as he is wandering around the nature reserve, he falls into one of the pits and breaks his leg. If Roger sues Mickey for negligence, Roger will not be able to recover for his injuries:
Correct
Incorrect!
Correct Here, Roger is an invitee (specifically, a public invitee). As far as invitees are concerned, the land occupier owes the invitee a duty to inspect and discover the presence of any dangerous natural or artificial conditions and to either warn the invitee of the danger or make the condition safe. That being the case, Mickey can be held liable for Roger's injuries even though Mickey did not know about the pits on his land. Thus, False is the correct answer.
Incorrect! Here, Roger is an invitee (specifically, a public invitee). As far as invitees are concerned, the land occupier owes the invitee a duty to inspect and discover the presence of any dangerous natural or artificial conditions and to either warn the invitee of the danger or make the condition safe. That being the case, Mickey can be held liable for Roger's injuries even though Mickey did not know about the pits on his land. Thus, False is the correct answer.