When a driver veers into on-coming traffic to avoid hitting a schoolbus of children which has just
landed on its side in the driver's lane of travel, the driver hits a dog being taken out for a walk. The
driver will be able to raise what defense if the dog's owner sues for the loss of the pet?
A) private necessity B) consent
C) public necessity D) an Act of God
Q. #2Driving home one night, the defendant discovers just in time that a tree has fallen across a road.
Through great effort, the defendant drags the tree out of the road, leaving it on top of the plaintiff's
prized flower beds. The plaintiff sues the defendant for damages caused to the flower beds.
Defendant can reasonably expect to escape liability because of
A) mistake of fact B) an affirmative defense
C) private necessity D) public necessity
Q. #3A lessor discovers that the lessee abandoned the leased property some weeks earlier. In that time,
vermin infests the property. The lessor empties the place of all of the lessee's possessions and destroys
those items that cannot be sanitized to rid the property of the vermin. When the lessee seeks damages
to recover the cost of replace the lessee's destroy possessions, the lessor most likely will raise the
defense of
A) private necessity B) statute of limitations
C) public necessity D) mistake
Q. #4A defendant can claim the defense of necessity only if the risk of injury to the plaintiff was
A) imminent B) minimal
C) due to natural conditions D) hidden
Q. #5When a defendant admits to committing a tort but says that a reason exists to excuse liability, that
defendant is
A) raising an affirmative defense B) acknowledging having done wrong
C) claiming the defense of necessity D) denying committing the tort
Q. #6When it comes to an action in nuisance, the law does not concern itself with trifles.
Indicate whether the statement is true or false
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