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1.[Chewer] Naomie lives in a state that has a statute prohibiting dogs from running at large. The statute's purpose is to protect neighbors of dog

1.[Chewer] Naomie lives in a state that has a statute prohibiting dogs from running at large. The statute's purpose is to protect neighbors of dog owners from potential injury or property damage. All dogs are required to be on a leash whenever they are off the owner's premises. Naomie's dog, while not on a leash, gets out of her backyard and goes next door to Illyas's house. Illyas left his gym bag on his back porch, and the dog chews up the bag and all its contents, including Illyas's gym shoes. Another neighbor sees the whole thing happen and informs Illyas. Illyas knows that this isn't the first time the dog has gotten loose and destroyed property, and Naomie has done nothing to warn anyone or prevent the dog from getting loose.

Which theory will Illyas likely rely on to seek recovery from Naomie for his damaged personal property?

Multiple Choice

  • None, the damage was to personal property not to real property
  • Res ipsa loquitur
  • Negligence to property
  • Negligence per se
  • Dram shop doctrine

2.[Chewer] Naomie lives in a state that has a statute prohibiting dogs from running at large. The statute's purpose is to protect neighbors of dog owners from potential injury or property damage. All dogs are required to be on a leash whenever they are off the owner's premises. Naomie's dog, while not on a leash, gets out of her backyard and goes next door to Illyas's house. Illyas left his gym bag on his back porch, and the dog chews up the bag and all its contents, including Illyas's gym shoes. Another neighbor sees the whole thing happen and informs Illyas. Illyas knows that this isn't the first time the dog has gotten loose and destroyed property, and Naomie has done nothing to warn anyone or prevent the dog from getting loose.

3.Naomie will most likely rely upon ________blank to defend herself.

Multiple Choice

  • assumption of the risk
  • contributory negligence
  • res ipsa loquitur
  • comparative negligence
  • Good Samaritan statutes

4.

[Chewer] Naomie lives in a state that has a statute prohibiting dogs from running at large. The statute's purpose is to protect neighbors of dog owners from potential injury or property damage. All dogs are required to be on a leash whenever they are off the owner's premises. Naomie's dog, while not on a leash, gets out of her backyard and goes next door to Illyas's house. Illyas left his gym bag on his back porch, and the dog chews up the bag and all its contents, including Illyas's gym shoes. Another neighbor sees the whole thing happen and informs Illyas. Illyas knows that this isn't the first time the dog has gotten loose and destroyed property, and Naomie has done nothing to warn anyone or prevent the dog from getting loose.

Illyas should seek which of the following damages against Naomie in order to punish her and deter her from letting the dog run free?

Multiple Choice

  • Punitive
  • Compensatory
  • Nominal
  • Liquidated
  • There are no such damages available.

5.[Chewer] Naomie lives in a state that has a statute prohibiting dogs from running at large. The statute's purpose is to protect neighbors of dog owners from potential injury or property damage. All dogs are required to be on a leash whenever they are off the owner's premises. Naomie's dog, while not on a leash, gets out of her backyard and goes next door to Illyas's house. Illyas left his gym bag on his back porch, and the dog chews up the bag and all its contents, including Illyas's gym shoes. Another neighbor sees the whole thing happen and informs Illyas. Illyas knows that this isn't the first time the dog has gotten loose and destroyed property, and Naomie has done nothing to warn anyone or prevent the dog from getting loose.

Punitive damages are most likely to be awarded against Naomie if:

Multiple Choice

  • the court finds Naomie committed gross negligence.
  • the court believes punitive damages are compensatory.
  • the judge personally disagrees with Naomie's behavior.
  • the plaintiff asks for punitive damages.
  • Naomie committed simple negligence.

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