Crucial Exams

Multistate Bar Examination Practice Question

A city has been experiencing widespread flooding due to extreme weather. The mayor authorizes city employees to use a privately owned construction company's equipment, without permission, to build emergency flood barriers. However, in the process of using the equipment, one of the machines is irreparably damaged. The construction company sues the city for the damage caused. How should the court rule?

  • The city is not liable because acting on behalf of the government can exempt it from certain tort liabilities in emergencies.

  • The city is liable because the damage to the machine was preventable and caused by negligent use of the equipment.

  • The city is liable because it did not obtain the consent of the property owner before using the equipment.

  • The city is not liable due to the doctrine of public necessity, which can limit damages caused during actions aimed at preventing public harm.

Multistate Bar Examination
Torts
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