10. Briney inherited her parents\' farm. No one has occupied the farm house sinc

Question

10. Briney inherited her parents' farm. No one has occupied the farm house since her parents died 10 years ago. Throughout those 10 years and very recently, however, there occurred a series of trespassing and housebreaking events. Briney had "No Trespassing signs on the land - one was 35 feet from the house. Briney set a shot gun trap" in the main bedroom of the house. She took her 20 gauge shot gun (which she knew was very powerful and which she got at a discount for being a member of the NRA (National Rifle Association) and secured it to an irorn bed frame in the main bedroom where apparently the trespassers would always go to steal items stored in that room. The barrel of the gun was pointed at the bedroom's door and rigged with wire from the doorknob to the gun's trigger so it would fire when the door was opened. Briney later admitted she set the trap because she was mad and tired of being tormented by the trespassing. She also admits she had no intention of hurting anyone she just wanted to scare them. No warning of the trap was posted. On the night in question, trespasser, Abe ntered the farm house. As he started to open the door to the main bedroom, the shotgun went off striking him in aodomen causing serious personal injury. Presume the law where this occurred states that there is no duty of care owed to a trespasser upon real property or within your home that while there is no duty of care to an adult trespasser harm the t . However, presume the law also state it is unlawful for the owner or possessor of the land to respasser by setting a trap. Which is the most likely result of the lawsuit filed by Abe against Briney a. Abe will lose his lawsuit against Briney because the trespasser had no right to be on or in the property and in addition he was there to commit a crime of burglary b. Abe should lose his lawsuit because there is a need to deter people from trespassing onto other people's property and it will be a lesson to all others who may think about being a trespasser Briney will be held liable for Abe's injuries since while the law of the State states that no duty of care is owed to an adult trespasser, there is also the requirement that an owner or possessor of land cannot c. commit an intentional tort against the trespasser, like setting a trap to harm the trespasser d. Abe should lose his lawsuit because of the reasons stated in "a" and "b" above and be thankful he was not killed. 11. John parked his trailer truck in the loading area at a warehouse. While John was opening the back doors to the trailer, he was struck in the back from behind by a forklift. John did not see the forklift coming towards him and had no idea who was driving it. In addition, there were no witnesses. This would be an example of which of the following legal principles: Negligence per se lawsuit against the owners of the warehouse back if there was no negligence (carelessness) on the part of someone a. essential elements of negligence law in order to prevail in a b. John would have to still prove the four c. Res Ipsa Loquitur (the thing speaks for itself). Forklifts do not move on their own and hit people in the d. Intervening cause or superseding cause

Explanation / Answer

Answer 10:- Abe should lose his lawsuit because of the reasons stated in "a" and "b" above and be thankful he was not killed

Reason:- Abe is responsible for unauthorized entry in the property and the owner has the right to protect himself and his or her bassets from unauthorized trespassers.

Answer 11:- Res Ipsa Loquitur ( the thing speaks for itself) . Forklifts do not move on their own and hit people in the back if there was no negligence (carelessness ) on the part of someone

Reason:- The person should take all the due care for making sure that the things are placed well and cannot harm others.

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