Author Question: When a driver veers into on-coming traffic to avoid hitting a schoolbus of children which has just ... (Read 14 times)

jwb375 · **on:** Aug 2, 2018

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

Question 2

Driving 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