Act Of Nature Is Relevant
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
22134_hannah_cottage_variance · REAL_PROPERTY · Choice ANo, because Hannah assumed the risk by choosing to use the porch.
Why it's attractive
Hannah knew the railing was damaged and chose to use it. But the landlord's covenant to repair defeats assumption of risk. The Gold Key controls.
Why it's wrong
Hannah knew the railing was damaged and chose to use it. But the landlord's covenant to repair defeats assumption of risk. The Gold Key controls.
22134_hannah_cottage_variance · REAL_PROPERTY · Choice BNo, because Timothy did not cause the storm that damaged the railing.
Why it's attractive
The landlord's liability comes from the covenant to repair, not from causing the damage. The covenant creates an independent duty.
Why it's wrong
The landlord's liability comes from the covenant to repair, not from causing the damage. The covenant creates an independent duty.
22134_hannah_cottage_variance · REAL_PROPERTY · Choice DYes, but only because the railing was damaged by an act of nature beyond Timothy's control.
Why it's attractive
The act of nature is irrelevant. The liability comes from the covenant to repair, not from what caused the damage.
Why it's wrong
The act of nature is irrelevant. The liability comes from the covenant to repair, not from what caused the damage.
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