Question

which answer is correct pls

1)Dirk is the delivery driver for Papa Pepperoni’s Pizza. On a delivery he spotted Marvin, his main competition for the affections of his girlfriend Jolene. He accelerated his truck and hit Marvin, breaking both his legs. Under these circumstances, this is

Multiple Choice

• a negligent tort.

• an intentional tort.

• nonfeasance.

• a crime but not a tort.

2)In which of the following situations would res ipsa loquitur likely apply?

Multiple Choice

• Iggy is street racing his truck and drives 50 miles per hour in a 25 zone

• Starla sneaked up behind China and kicked her in the back

• A pair of surgical scissors was left inside Boris after surgery, but he can’t prove exactly how they got there

• Barry was the owner of Quick-E-Market and had the linoleum floors professionally cleaned and waxed but failed to put up signs or warn customers of the slick surface.

3) Garp signed a contract with Tech Corp that had a binding arbitration clause. A dispute arose between Garp and Tech Corp and the matter was heard by an arbitrator. The arbitrator awarded Tech Corp $50,000. Under which of the following circumstances may a court judge set aside the award of the arbitrator in the hearing?

Multiple Choice

• The arbitrator refused to hear relevant evidence that prejudiced Garp’s rights.

• The arbitrator was biased against Garp because he is a man.

• Both an arbitrator’s refusal to hear relevant evidence that prejudices a party’s rights and bias against one’s gender are grounds for setting aside an arbitrator’s award.

• Under no circumstances, because Garp entered into the contract voluntarily and Congress has ruled that arbitration is preferred over litigation as a method of dispute resolution, and awards are not set aside by courts.

Answer 1

Question 1

Here the correct option is: an intentional tort

Because, ‘if the person that hit you intended to strike your car and cause you bodily harm, then he has considered to committed the intentional tort of battery’. Here negligence cannot be chosen, as the accident was an intentional one or a purposeful one.

Question 2

Here the correct option is: A pair of surgical scissors was left inside Boris after surgery, but he can’t prove exactly how they got there

Res ipsa loquitur can be applied in the cases where the correct cause of the injury remains unknown, “the jury may infer the presence of negligence without actual evidence, based on the fact that an event happened and the defendant's relationship to the event”. Also, in this case we can see that, ‘the incident was of a type that does not generally happen without negligence’.

Question 3

Here the thing is, there are some conditions that may lead a court judge set aside the award of the arbitrator, which include “that an arbitrator or umpire has misconducted himself or the proceedings”. Considering this the correct option may: Both an arbitrator’s refusal to hear relevant evidence that prejudices a party’s rights and bias against one’s gender are grounds for setting aside an arbitrator’s award. Because both of these can be considered as a misconduct.

Note: Not so sure about the answer of question 3, but from my point of view correct answer is the above mentioned one.