Bar Exam (US) Torts: Defense Systems Company (hereinafter referred to as Defense) provided home ...

Question

Defense Systems Company (hereinafter referred to as Defense) provided home security protection to property owners in the San Diego and La Jolla area. Chuck Munchkin, who owned a summer cottage in La Jolla, hired Defense to provide 24-hour protection during the winter months when his home was unoccupied. According to the security arrangement, Defense's uniformed guards would periodically patrol the property and, if necessary, provide an "armed response" to any unauthorized individuals who were found trespassing on the property.

Defense provided security protection to Munchkin's property for two years. Thereafter, Munchkin notified Defense that he was planning to sell the cottage. As a result, he requested that Defense discontinue its home protection service effective immediately. Two weeks later, Kelly Winslow, a burglar, broke into the cottage and was ransacking it. As Kelly was running across the front lawn of Munchkin's property carrying a portable television set, he was seen by Doug Fauts, a Defense security guard. Fauts, who was driving past the home on security patrol, had not been informed that Munchkin had discontinued protection service. Fauts suddenly stopped his patrol vehicle and ran toward Winslow shouting, "Stop ... Don't move or I'll shoot." Startled, Winslow dropped the television set and began to flee. Believing that the suspected burglar was about to escape, Fauts pulled out his service revolver and fired a bullet at Winslow. The shots struck Winslow in the leg, seriously wounding him.

If Winslow asserts a claim against Defense Systems for damages for his injuries, Winslow will

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    prevail, because Fauts used unreasonable force to protect Munchkin's property
  2. B
    Correct Answer
    prevail, because Munchkin had notified Defense to discontinue its security protection service
  3. C
    Correct Answer
    not prevail, because Winslow was trespassing on Munchkin's property
  4. D
    Correct Answer
    not prevail, because Winslow was burglarizing on Munchkin's cottage when he was shot
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