Question

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties,...

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding," by prohibiting car owner from leaving the keys in their car if the car is unattended, is likely to be characterized as:

1.

Negligence per se.

2.

Res Ispa Loquitor.

3.

Contributory Negligence.

4.

Assumption of Risk.

Howard ordered an aluminum storm door for $250. Before it was delivered, the same store from which he ordered the door ran an ad in the paper for the same door at $180. Howard called the store and demanded the advertised price. They say okay.

1.

Howard must pay the $180.

2.

Howard must pay the $250.

3.

There is no contract.

4.

There is no duty of care.

Stan doesn't like having neighborhood teenagers walk across his yard at night. He rigs an animal trap on the path over his lawn where the teens usually walk. One night, Tim walks across Stan's yard, steps into the trap and injures his leg.

1.

Tim is a trespasser, therefore Stan had the right to put traps on his lawn and no liability.

2.

Stan has no duty to Tim, so no liability.

3.

Stan is not free to inflict intentional injury on a trespasser in these facts.

4.

Traps are fine to leave on one's property with the purpose of catching trespassers.

Homework Answers

Answer #1

Ans. Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding," by prohibiting car owner from leaving the keys in their car if the car is unattended, is likely to be characterized as Contributory Negligence.

Option C is correct. It is a defense for defendant which bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. In our case it was car owner's duty not to leave keys of his car inside his car. Now if he leaves keys and his car gets stolen, then it is his personal mistake. He cannot make any calim against defendant.

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