1. Whether a plaintiff assumed a risk is determined byA. whether he or she is a fiduciary.B. what a reasonable person would know about the risks.C. whether the risk meets the objective standard.D. what the plaintiff actually knew about the risks.2. How does assault differ from battery?A. Battery is an injury to person; assault an injury to property.B. Battery requires only the expectation of contact; assault requires contact.C. Assault requires only the expectation of contact; battery requires contact.D. Assault doesn t differ from battery; they re the same tort.3. Every autumn apples from your tree fall onto your neighbor s grass. In my opinion thoseare great apples you re lucky you tell him when he complains. You refuse to removethem. The fruit attracts trespassing boys then rots and brings yellowjackets. What tortsmight your apple-hating neighbor successfully sue you for?A. Public nuisance.B. Trespass to land and private nuisance.C. Strict product liability for slippery dangerous rotting apples.D. Misrepresentation for your opinion about the apples greatness.4. In the case described in the preceding question what defense(s) could you reasonablyraise?A. Failure to mitigate the neighbor could have raked the apples up with minimal burden.B. Charitable immunity you ve charitably donated the apples to him.C. Consent there s an implied consent when buying a house to living with natural events such as falling apples dogs trampling your flower garden and the occasional rotten egg thrown at your house on Halloween.D. Lack of intent you didn t place the apples in his yard. Examination 75
