Bar Exam (US) Torts: Lloyd and Benson were old friends who enjoyed hunting together. One weekend...

Question

Lloyd and Benson were old friends who enjoyed hunting together. One weekend Lloyd and Benson went on a quail hunting expedition in a remote wilderness area deep in the Wasatch Mountains of northeastern Utah. They were hunting in a very desolate area surrounded by mountainous terrain which was located at least fifty miles from any habitation. With hunting rifles in hand, they were ambling around but no game was visible. After a rather uneventful morning with nothing to shoot at, Lloyd suddenly spotted a Utah condor, a large nearly extinct vulture. The condor was of an endangered species; and to shoot one in Utah was a criminal offense.

Unable to resist the temptation, Lloyd took a shot at the condor. The bullet missed the vulture but struck Bush, a state forest ranger, who was hiding in a secluded area, watching a trail frequented by drug smugglers. The bullet hit Bush in the eye and permanently blinded him. Neither Lloyd nor Benson were aware of Bush's presence.

If Bush asserts a claim against Lloyd to recover damages for his injury, Bush will

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

  1. A
    Correct Answer
    prevail, because his injury was caused by Lloyd's unlawful act
  2. B
    Correct Answer
    prevail, because firearms are dangerous instrumentalities imposing strict liability on the user
  3. C
    Correct Answer
    not prevail, because Lloyd had no reason to anticipate the presence of another person in such a remote area
  4. D
    Correct Answer
    not prevail, because Lloyd did not intend to shoot Bush
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