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Question 34 Joe owns a Demolition Company. The night before a building is scheduled to be demolished by explosives, two Street people sneak into the

Question 34

Joe owns a Demolition Company. The night before a building is scheduled to be demolished by explosives, two Street people sneak into the building seeking shelter from bad weather. The building is imploded the next morning and crews removing the debris find the dead bodies of the street people. Joes liability is probably:

a)

none

b)

negligence if they failed to inspect the premise prior to demolition

c)

strict liability.

d)

b and c

Question 35

As a fraternity initiation prank five members of a Florida colleges pledge class consent to spending the night stranded on a small hump of dry ground in a desolate swamp. By morning, all are cold, insect bitten and very glad to be picked up. If one of the pledges sues for false imprisonment he will probably:

a)

Win, as there was no reasonable way to escape.

b)

Win, period of confinement was too long.

c)

Lose, if he consented to the prank.

d)

Win, both a and b.

Question 36

As a fraternity initiation prank five members of a Florida colleges pledge class consent to spending the night stranded on a small hump of dry ground in a desolate swamp. By morning, all are cold, insect bitten and very glad to be picked up. A second pledge while sleeping was bitten by a poisonous snake and has suffered partial nerve damage in his foot. If he sues the fraternity for negligence, the toughest part of the prima facie case for him to prove will be?

a)

Duty of Care

b)

Breach

c)

Causation

d)

Damage

Question 37

In the "snake bite" situation the fraternity's best defense will be?

a)

Assumption of the Risk

b)

Act of God

c)

Last Clear Chance

d)

Contributory Negligence

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