Werner Owns a Number of Animals That Live in and Around

question 60

Multiple Choice

Werner owns a number of animals that live in and around his home.Because Werner's house is located in a secluded area, he has little interaction with people outside of his immediate family.He consequently has never received any complaints about his animals until recently.That complaint has come in the form of a tort action by Madonna, who claims that she was wrongfully hurt by one of Werner's animals.The evidence establishes that she was bitten by the animal as she knocked on Werner's door with the intention of asking him to donate to a charity.Which of the following statements is TRUE?

• A)Under the traditional common law rules, if the animal that bit Madonna was a wild wolverine, Werner could be held liable only if he knew that the animal was dangerous.
• B)Strict liability is a type of vicarious liability.
• C)Under the traditional common law rules, the owner of an animal may be held liable for any damage caused by the animal only if that owner intentionally or carelessly created the situation that resulted in the damage.
• D)There are no defences to a strict liability tort.
• E)Madonna may have a good claim against Werner even if he did not intentionally or carelessly cause his animal to bite her.

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Definitions:

Ciliary Body

A ring-shaped tissue behind the iris of the eye that controls the shape of the lens for focusing and secretes aqueous humor.

Engorged

A condition in which a part of the body is swollen with fluid or blood, often associated with inflamed tissues or organs.

Amblyopia

Lazy eye; a condition characterized by the inward turning of the affected eye.

Myopia

A defect in vision so that objects can only be seen when very near; nearsightedness.