Saturday, January 21, 2012

Post-Apocalyptic Academy Bar Exam: Question #1

A homeowner whose lawnmower broke down started borrowing his neighbor's mower one day per week to mow his lawn. One week, the homeowner borrowed the lawnmower from his neighbor, who was not home at the time. Unfortunately, the neighbor had drained the oil from the lawnmower without the homeowner's knowledge. The homeowner ran the lawnmower for an hour, completely destroying the motor. The mower cost $250 when the homeowner took it. The cost of repairing the mower is $150, and a new mower would cost $400.

If the neighbor sues the homeowner, what should the court do?

(A) Award the neighbor $250 and allow the homeowner to keep the mower.

(B) Award the neighbor $150 and order the homeowner to return the mower.

(C) Award the neighbor $0, but only if the neighbor had specifically agreed to let the homeowner borrow the mower when the neighbor was not home.

(D) Permit the litigants to fight to the death using the neighbor's remaining lawn and garden tools.


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