Martha and Stewart own large tracts of land that sit next to each other. Martha has turned her land into a nature reserve where she has landscaped many different kinds of gardens and grown dozens of different exotic plants and flowers. Stewart has turned his land into a cattle farm where he breeds and raises cattle for sale to the meat packing industry. Stewart has spent a lot of money making sure his cattle are fenced in properly. One night, a terrible storm sweeps through the area and the fence separating Martha and Stewart’s property is destroyed. After the storm has passed, some of Stewart’s cattle wander onto Martha’s property and begin grazing on a rare breed of petunia that she has developed. If Martha sues Stewart for the damage to her flowers, she will probably: Lose, because Stewart did what he could to keep his cattle off of Martha’s land Lose, because the storm was an act of G-d Win, because the damage was done by Stewart’s cattle Win, because Stewart was negligent in letting his cattle out to graze after the storm

Samantha is a devout animal lover and she has many pets. Her favorite is her beige and white cat Roophis. Roophis is an unusual cat because, unlike most cats that are gentle and friendly, Roophis is an unfriendly cat that has a tendency of biting people who try to pick him up. One afternoon, Samantha’s friend Jacob comes by to say hello. Jacob has never seen Roophis and, being a cat lover himself, bends down and tries to pick Roophis up. When Jacob does, Roophis bites Jacob on the hand. If Jacob were to sue Samantha for his injuries, he would probably: Win, because Samantha knew that Roophis has a tendency to bite Win, because Samantha knew that Roophis has a tendency to bite and biting is not a natural propensity for house cats Lose, because Jacob tried to pick the cat up Lose, because Jacob did not have Sam’s permission to touch Roophis

Sam is a devout dog lover and she owns several dogs. Her favorite is her Pit-Bull named Bev. Although Sam has learned to control Bev, Pit-Bulls are typically vicious and have a propensity of attacking anybody who gets close to them, and Bev is no different. One day, Sam’s friend Cher comes by to say hello. Cher knows that Bev is an ill tempered dog but Cher tries to pet Bev anyway. Bev attacks Cher and seriously injures Cher’s hand and arm. If Cher were to sue Sam for her injuries, Cher would probably: Win, because Sam knew that Bev had a propensity for viciousness Win, because Bev is a domestic animal Lose, because Cher did not have permission to touch Bev Lose, Because Bev’s propensity for viciousness is normal for the type of animal she is

Sam is a devout dog lover and she owns several dogs. Her favorite is her Pit-Bull named Bev. Although Sam has learned to control Bev, Pit-Bulls are typically vicious and have a propensity of attacking anybody who gets close to them, and Bev is no different. Sam normally lets Bev run around without a leash in the front yard of her house. One day, Sam’s friend Cher comes by to say hello. When Cher comes through the front gate, Bev attacks her and seriously injures Cher’s hand and arm. If Cher were to sue Sam for her injuries, Cher would probably: Win, because Sam did not use appropriate care in keeping Bev Win, because Bev is a domestic animal Lose, because Cher did not have permission to touch Bev Lose, Because Bev’s propensity for viciousness is normal for the type of animal she is

Sam is a devout lover of animals and she has several exotic pets. Her favorite is Tony, her pet tiger. Tigers, being wild animals by nature, have a propensity to vicious behavior. Sam is unaware of tigers’ propensity toward violence and does not keep Tony in a cage. Instead, she allows him to wander loose around her property. Cher, a close friend of Sam’s drops by to say hello one day. Cher sees Tony sunning himself on the lawn and goes over to play with him. Tony sees Cher, charges her and mauls her. If Cher sues Sam for her injuries, Cher will probably: Win, because Sam did not use appropriate care in keeping Tony Win, because Tony is a wild animal Lose, because Cher did not have permission to touch Tony Lose, Because Tony’s propensity for viciousness is normal for the type of animal he is

© 2003 - 2024 National Paralegal College