2024 – 1 Defendant Smith s act helped cause an accident The judge rules that

1. Defendant Smith’s act helped cause an accident. The judge rules that Smith’s act wasn’t 
a proximate cause of the accident, however. Several other defendants are involved. The
plaintiff obtains a judgment for $10,000. Which of the following statements is correct?
A. The plaintiff can’t recover from Smith.
B. The plaintiff will recover that portion of the $10,000 from Smith equal to Smith’s 
percentage of responsibility for the accident.
C. Under the doctrine of joint and several liability, the plaintiff can make Smith pay 
the whole $10,000.
D. The judge made an error. Proximate cause is a legislative issue, not a matter 
for judges or juries to decide.
2. You’re seen running from a jewelry store that has just been robbed. The jeweler gives
chase and just as he catches up with you, you throw a bag into the river. The jeweler performs a citizen’s arrest and holds you until the police arrive. Because the bag in the river
was never found, at trial you’re declared “not guilty.” You sue the jeweler. What is the likely
outcome?
A. You lose. There’s no tort that protects people from being confined unfairly.
B. You win because there was no basis to suspect you of stealing.
C. You lose because your detention was reasonable. There was a real basis for 
suspecting you of the crime.
D. You lose. Shop owners can hold anyone they want if they suspect them of stealing.
3. A broker told you the size of the grass area of the yard of the house you bought was 6,000 square feet. However, the grass covered only 5,000 square feet. The lawn size meant nothing to
you; you didn’t want a big yard anyway because you hated mowing. You liked the house because it was near a mall and good schools. But after buying the house, you realized that the
floor plan was terrible and you wanted out. You sue the broker for misrepresentation concerning the yard.
A. You don’t win because the misrepresentation didn’t actually mislead you in a way that caused harm. The element of  causation of the harm was lacking.
B. You don’t win because the broker was only reckless in  coming up with that footage figure, and didn’t intentionally lie.
C. You win because brokers are agents and should be punished for any misrepresentation, even done in good faith.
D. You win because the misrepresentation was about something important
4. Your friend from Australia visits. You invite him to a hockey game. “What’s hockey, mate?”
he asks. Only a few minutes into the game he sees a hockey puck coming straight at him.
Your friend has had a few beers and fails to duck and is knocked unconscious. He sues
the hockey team. Which is the better defense for the team?
A. Assumption of risk
B. Contributory/comparative negligence
C. Sovereign immunity
D. Failure to mitigate