39. Alexander and Alexandra have consensual sex. Alexander knows that he has the sexually transmitted disease genital herpes but he does not tell Alexandra. She later contracts herpes. Which of the following most accurately states the likely outcome if Alexandra sues Alexander in the tort of battery?

Alexandra's action will succeed because Alexander concealed the fact he had herpes

Alexandra's action will fail because she consented to having sex with Alexander

Alexandra's action will fail because sexual contact cannot amount to battery

Alexandra's action will succeed because she would not have consented to the contact she had with Alexander if she had known he had herpes

40. All of the following are types of involuntary transfers of personal property EXCEPT for which one?

Lost property

None of the choices

Mislaid property

Bailment

Abandoned property