Question
1. Rick is the captain of a fishing vessel that offers charter trips to paying fishermen. It is a custom in the local area for
1. Rick is the captain of a fishing vessel that offers charter trips to paying fishermen. It is a custom in the local area for the fishing boats to take a particular route through the local inlet on the way to the ocean. One day, Rick decides to take an alternate route and he runs the ship aground, injuring several of the fishermen on his vessel. Which is true?
-Rick is strictly liable for taking the alternate route because he deviated from the local custom.
-Rick is not liable for taking the alternate route because his standard of care would be judged on the basis of a national custom.
-Rick may be liable for taking the alternate route and the failure to follow the local custom can be evidence, but is not conclusive of a breach of the standard of care.
-Rick is not liable for taking the alternate route because he did not breach any recognized standard of care.
2. Jared is a difficult young boy. He often throws rocks at his neighbor's windows and disobeys his parents. One day, after rudely insulting his mother, she smacks him on his behind. Which is true?
-Jared's mother has committed a battery because she has intentionally struck Jared.
-Jared's mother is not liable for a battery because parental discipline is a defense.
-Jared's mother is liable for battery because she exceeded the scope of parental discipline.
-Jared's mother is not liable for a battery because Jared insulted her first.
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