A mountain lodge catered to cross-country skiing enthusiasts…

A mountain lodge catered to cross-country skiing enthusiasts. Every winter, the owner of the lodge, along with his assistants, marked and groomed trails on his extensive lands. He charged a fee for a day’s use of the trails. He also supplied equipment for those who needed it and provided lodging and meals for skiers staying more than one day. A woman on her first cross-country skiing outing was striding along a groomed trail when, with a loud crack, the rotten limb of a huge oak under which the trail passed separated from the tree because of the load of ice and snow it bore. It came crashing down on top of the woman, killing her instantly. The woman’s heirs brought a wrongful death action against the lodge owner in a jurisdiction applying traditional rules for landowners and possessors of land. If the lodge owner prevails, what is the most likely explanation?

A man and his neighbor were attending a leadership conferenc…

A man and his neighbor were attending a leadership conference at a coastal resort. While walking along the beach, they spotted a 20-foot cliff overlooking the ocean. The man challenged his neighbor to climb up the rocks and jump off the cliff with him. The man knew his neighbor was afraid of heights, but also realized his neighbor was very competitive. The man said, “This will prove you’re no wimp. To make it easier, we’ll jump together.” On the man’s count, they joined hands and both jumped at the same time. However, upon hitting the water, the man’s foot awkwardly came down on the neighbor’s wrist, breaking it. The neighbor brought an action against the man for negligence.  What is the key issue to be determined by the finder of fact?

In his backyard, a homeowner unwittingly built a garage that…

In his backyard, a homeowner unwittingly built a garage that encroached two feet across the property line onto property owned by his neighbor. The next year, the homeowner discovered his error in the course of selling his property to a buyer. After the sale, the neighbor learned of the encroachment of the garage onto her property and sued the homeowner for damages and trespass.  In this action, will the neighbor prevail?

A photographer trying to get a photo of a celebrity without…

A photographer trying to get a photo of a celebrity without her sunglasses on picked up a small rock, approached the celebrity, and poised the rock as if he were about to throw it at her. He called to her, “Take off those glasses or I’ll let you have it.” The celebrity was frightened and took off her glasses.  Can the star recover from the photographer in an action for assault?