[Blow Up] Devin has several full gas cans in the : 2095782
[Blow Up] Devin has several full gas cans in the bed of her pick-up truck, because she runs a landscaping company and needs the gas for her mowers. On the way home from the gas station, Devin stops at her bank and exits her truck. Teresa pulls behind her and negligently rear-ends Devin's pick-up. The truck explodes and results in the bank building burning to the ground. The bank sues Teresa for negligence claiming that Teresa should have to pay for the entire bank building. The bank claims that it should be able to recover under the res ipsa loquitur doctrine.
81) Is the bank correct in claiming that it should be able to recover under the res ipsa loquitur doctrine?
A) The bank is correct because under that doctrine defendants are liable for any harm caused.
B) The bank is correct only if it can be established that Teresa was a repeat driving offender.
C) The bank is correct only if Teresa has sufficient insurance to cover the bank burning.
D) The bank is incorrect because res ipsa loquitur is a defense.
E) The bank is incorrect because the issue here is causation, not whether there was a lack of due care.
[Chewer] Naomie lives in a state that has a statute prohibiting dogs from running at large. The statutes purpose is to protect neighbors of dog owners from potential injury or property damage All dogs are required to be on a leash whenever they are off the owner's premises. Naomie's dog, while not on a leash, gets out of her backyard and goes next door to Pavel's house. Pavel left his gym bag on his back porch, and the dog chews up the bag and all its contents, including Pavel's gym shoes. Another neighbor sees the whole thing happen and informs Pavel. Pavel knows that this isn't the first time the dog has gotten loose and destroyed property, and Naomie has done nothing to warn anyone or prevent the dog from getting loose.
82) Which theory will Pavel likely rely on to seek recovery for his damaged property against Naomie?
A) Stare decisis
B) Negligence per se
C) Res ipsa loquitur
D) A fortiori
E) Actus reus
83) What will Naomie likely rely upon to defend herself?
A) Res ipsa loquitur
B) Comparative negligence
C) Negligence per se
D) Stare decisis
E) Assumption of the risk
84) Pavel should seek which of the following damages against Naomie in order to punish her and deter her from letting the dog run free?
E) There are no such damages available.
85) Punitive damages are most likely to be awarded against Naomie if:
A) Naomie committed simple negligence.
B) The court believes punitive damages are compensatory.
C) The judge personally disagrees with Naomie's behavior.
D) The court finds Naomie committed gross negligence.
E) The plaintiff asks for punitive damages.