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Exam 12: Rights and Duties of Landowners and Occupants

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Question 21

Multiple Choice

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The owner of the locus in quo will prevail over a finder of the property if:

A) the property was found in a private area on the owner's property.
B) the property was lost, but not mislaid.
C) the finder was a trespasser.
D) all of the above.
E) two of the above.(a and c)

F) All of the above
G) None of the above

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Question 22

Multiple Choice

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Kirk invited Denise to his rural estate for an old-fashioned Texas barbecue.While Kirk was entertaining guests, Denise explored the estate and was attacked by a pack of wild boars.Kirk did not know of the wild boars, but should have known.Denise sued Kirk for her injuries.Denise:

A) was a trespasser and can collect damages.
B) was a licensee and can collect damages.
C) was a licensee and cannot collect damages.
D) was an invitee and can collect damages.
E) was an invitee and cannot collect damages.

F) A) and B)
G) B) and C)

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Question 23

True/False

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It is possible for a landowner to be held liable for injuries resulting from criminal activity, even if he has no knowledge of the activity

A lawful business cannot be declared a public nuisance.

Jimmy has in his backyard a swimming pool in which he raises several dangerous species of sharks.The pool does not have a fence around it and neighborhood children frequently visit to watch the sharks without Jimmy's permission.Billy, a 16 year old, made a bet with several of the neighborhood children that he could swim the length of the pool without being injured by the sharks.Billy lost the bet.Now Billy sues Jimmy for his injuries.

Individuals attending a free lecture at a local community college are considered to be:

The constitutional right to privacy is expressly stated in the United States Constitution.

In some cases a landowner's liability to a passerby differs from his liability to an adjoining owner.

While shopping at Ace Food Store, Chris picked up a bottle of Soothing Diet Soda.Unfortunately the soda bottle burst in her hand, injuring her.Although the Soothing Diet Soda Company will likely be liable to Chris, Ace Food Store cannot be under principles of product liability. (Correct Answers in Boldface)

Examples of a public nuisance include: