mgmt 246 practice exam #2

Which of the following is an example of light pollution?

A.) Warner allowed lights on his property to shine into his neighbor's bedroom.
B.) Warner built a large building which blocked light from reaching his neighbor's pool area.
C.) Both A and B.
D.) Neither A nor B.
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Terms in this set (49)
Which of the following is an example of light pollution?

A.) Warner allowed lights on his property to shine into his neighbor's bedroom.
B.) Warner built a large building which blocked light from reaching his neighbor's pool area.
C.) Both A and B.
D.) Neither A nor B.
A
What type of damages are available in a nuisance case?

A.) General damages.
B.) Consequential damages.
C.) Both A and B.
D.) Neither A nor B.
A
The Taylor Factory was in the business of making leather goods. The manufacturing process created an awful smell which was usually contained by an elaborate air freshening process. Unfortuately, in the middle of a terrible heat wave, the process malfunctioned which resulted in not only of the spread of the awful smell throughout the local area but also many local residents getting sick. Fortunately, the Taylor Factory was able to fix the problem within a few days but the damage had been done. Harrison, a lawyer who specialized in environmental law, represented 202 plaintiffs who claimed that they had been injured due to the awful smell and/or getting sick in a lawsuit for nuisance against the Taylor Factory. There were several other nuisance lawsuits filed by a number of other plaintiffs who were not represented by Harrison. After the lawsuit was filed, the state environmental regulators inspected the Taylor Factory and announced that all repairs were satisfactory and, with proper maintenance, the awful smell problem would not occur again for many years.

Was there a nuisance here?

A.) Yes, because of the unreasonable interference with the plaintiffs' use and enjoyment of their properties.
B.) Yes, because this problem was caused during the manufacturing process and therefore strict liability applies.
C.) No, because companies like the Taylor Factory bring great benefit to the economy so this interference is reasonable.
D.) No, because any interference lasted just a few days and therefore it was not unreasonable.
A
The Taylor Factory was in the business of making leather goods. The manufacturing process created an awful smell which was usually contained by an elaborate air freshening process. Unfortuately, in the middle of a terrible heat wave, the process malfunctioned which resulted in not only of the spread of the awful smell throughout the local area but also many local residents getting sick. Fortunately, the Taylor Factory was able to fix the problem within a few days but the damage had been done. Harrison, a lawyer who specialized in environmental law, represented 202 plaintiffs who claimed that they had been injured due to the awful smell and/or getting sick in a lawsuit for nuisance against the Taylor Factory. There were several other nuisance lawsuits filed by a number of other plaintiffs who were not represented by Harrison. After the lawsuit was filed, the state environmental regulators inspected the Taylor Factory and announced that all repairs were satisfactory and, with proper maintenance, the awful smell problem would not occur again for many years.

Assume for the purposes of this question only that the court ruled this problem was a nuisance. What kind of nuisance was it?

A. Process nuisance.
B. Public nuisance.
C. Punctual nuisance.
D. Private nuisance.
B
The Taylor Factory was in the business of making leather goods. The manufacturing process created an awful smell which was usually contained by an elaborate air freshening process. Unfortuately, in the middle of a terrible heat wave, the process malfunctioned which resulted in not only of the spread of the awful smell throughout the local area but also many local residents getting sick. Fortunately, the Taylor Factory was able to fix the problem within a few days but the damage had been done. Harrison, a lawyer who specialized in environmental law, represented 202 plaintiffs who claimed that they had been injured due to the awful smell and/or getting sick in a lawsuit for nuisance against the Taylor Factory. There were several other nuisance lawsuits filed by a number of other plaintiffs who were not represented by Harrison. After the lawsuit was filed, the state environmental regulators inspected the Taylor Factory and announced that all repairs were satisfactory and, with proper maintenance, the awful smell problem would not occur again for many years.

Assume (again) for the purposes of this question only that the court ruled this problem was a nuisance. What type of remedies would be appropriate to include in the judgment in favor of the plaintiffs against the Taylor Factory?

A. Damages.
B. Injunction.
C. Both A and B.
D. Neither A nor B
A
Barby was greatly disturbed since her neighbor's dogs would bark for hours in the middle of the night. This is:

A.) Water pollution.
B.) Air pollution.
C.) Noise pollution.
D.) None of the above.
C
Nguyen made an offer to buy Tran's car for $10,000.00. Tran responded by saying: "How about $12,000.00?" Tran's response is:

A.) A complete rejection of Nguyen's offer.
B.) A partial rejection of Nguyen's offer.
C.) A negotiating ploy.
D.) A counteroffer
D
Goldsmith and Stiller had been friends for a long time so they trusted each other. Goldsmith said to Stiller: "Buy my car; it gets great gas mileage." They quickly agreed on a price of $15,000.00 which was close to fair market value. After about a month, Stiller calculated that the car was getting around 23 miles per gallon which Stiller thought was not "great" so he sued Goldsmith for fraud. Goldsmith defended the case on the grounds that (a) there was no false statement of fact and (b) there was no reasonable reliance.

How should the court rule on the false statement of fact issue:

A.) There was a false statement of fact because gas mileage is important when buying a car.
B.) There was a false statement of fact because Goldsmith's statement was a fact.
C.) There was no false statement of fact because a person should not buy a car based on gas mileage.
D.) There was no false statement of fact because Goldsmith's statement was an opinion.
D
Goldsmith and Stiller had been friends for a long time so they trusted each other. Goldsmith said to Stiller: "Buy my car; it gets great gas mileage." They quickly agreed on a price of $15,000.00 which was close to fair market value. After about a month, Stiller calculated that the car was getting around 23 miles per gallon which Stiller thought was not "great" so he sued Goldsmith for fraud. Goldsmith defended the case on the grounds that (a) there was no false statement of fact and (b) there was no reasonable reliance.

How should the court rule on the reasonable reliance issue?

A.)There was reasonable reliance because Goldsmith and Stiller had been friends for a long time so they trusted each other.
B.) There was reasonable reliance because gas mileage is important when buying a car.
C.) There was no reasonable reliance because the long and trusting friendship between Goldsmith and Stiller was not relevant.
D.) There was no reasonable reliance because gas mileage is not important when buying a car.
A
Stafford and Barnett signed a written contract which stated that Stafford would pay $815,000.00 to Barnett who, in exchange, would transfer her home to Stafford. However, Barnett then refused to sign the deed that would complete the transfer, so Stafford sued Barnett for breach of contract. Which of the following equitable remedies would be most appropriate?

A.) Injunction.
B.) Rescission and restitution.
C.) Reformation.
D.) Specific performance.
D
Boris, an employee of the bank, had use of a company car for bank business only. One weekend, he took the car to drive his mother to her friend's house in Mexico. The bank sued Boris for "wear and tear" to the car due to this Mexico trip. Which of the following is the best theory for the bank's lawsuit? A.) Fraud. B.) Conversion. C.) Strict liability. D.) Negligence.BCharles offered to pay for his friend Barbara's 10-year-old son to attend Long Beach Christian School (a private school). Barbara's son was attending a public school so she quickly accepted the offer. Charles and Barbara further agreed that she would pay the tuition and then he would reimburse her on June 1, 2019. However, Charles never paid any money to Barbara so she sued him for breach of contract. How should the court rule? A.) Barbara should win because she was not legally obligated to send her son to a school of Charles' choice. B.) Barbara should win because she suffered legal detriment when her son transferred to the private school. C.) Charles should win because Barbara is legally obligated to provide for her minor son's education. D.) Charles should win because Barbara was just his friend and not one of his legal dependents.APatel was injured when he tried to clean dirt out of his right ear by using the eraser on the end of a pencil. He sued the manufacturer of the pencil since there was no warning on the pencil about the dangers of trying to clean ears with it. What should be the result? A.) Patel should win since he was injured. B.) Patel should win since there was no warning on the pencil. C.) Patel should lose since he was careless. D.) Patel should lose since he was not using the pencil for its intended use.DGhuman and Kaur were in a romantic relationship with plans to get married as soon as they graduated from CSUF. Two days before graduation, Ghuman discovered that Kaur had stolen several thousand dollars from her bank account. Ghuman then sent several pictures of Kaur to all 397 of the contacts on her phone. The contacts included Kaur's parents, many mutual friends, Kaur's boss at work and several of CSUF professors. The pictures included pictures where Kaur was only partially clothed. Kaur quickly learned about this "revenge porn" and was completely humiliated. She quit her job and did not attend graduation because she was so ashamed. Kaur sued Ghuman for damages Which of the following would be the best cause of action for Kaur's lawsuit? A.) Negligence. B.) Defamation. C.) Strict liability. D.) Intentional infliction of emotional distress.DGhuman and Kaur were in a romantic relationship with plans to get married as soon as they graduated from CSUF. Two days before graduation, Ghuman discovered that Kaur had stolen several thousand dollars from her bank account. Ghuman then sent several pictures of Kaur to all 397 of the contacts on her phone. The contacts included Kaur's parents, many mutual friends, Kaur's boss at work and several of CSUF professors. The pictures included pictures where Kaur was only partially clothed. Kaur quickly learned about this "revenge porn" and was completely humiliated. She quit her job and did not attend graduation because she was so ashamed. Kaur sued Ghuman for damages If Kaur won this lawsuit, would punitive damages be available? A.) Yes, because Ghuman's conduct was unbearable. B.) Yes, because of Kaur's shame. C.) Yes, because Ghuman committed an intentional tort. D.) No.CWhich of the following is the best example of substantial performance? A.) O'Toole delivered his product to Fitzgerald's house a day later than promised in their contract but it did not matter since Fitzgerald was out of town. B.) Kennedy delivered her product to McCauley's house a day later than promised in their contract but it did not matter since the product was defective. C.) Senske delivered his product to Windsor's house a day later than promised in their contract but it did not matter since Windsor died last week. D.) Marci completely failed to perform her contract with Klein.AWhich of the following is the best example of an acceptance of an offer? A.) Atul offered to buy Baruch's car for $5,000.00; Baruch replied, "How about $6,000.00?" B.) Cat offered to buy Darvishian's car for $5,000.00; Darvishian replied, "I will let you know tomorrow." C.) Earley offered to buy Franco's car for $5,000.00; Franco replied, "No, I want to keep my car." D.) Gregorio offered to buy Herman's car for $5,000.00; Herman replied, "That sounds good to me."DAllan, a large man, threatened to hit Diane, a small woman, unless she signed a contract prepared by Allan. Diane was very afraid of Allan so she signed the contract even though she thought it was a bad deal for her. The contract stated that Diane would transfer 51% of the stock in a corporation which was wholly owned by Diane to Allan in exchange for his payment of $100,000.00. The stock was worth much more and, in fact, Diane had rejected an offer from someone else in the amount of $1,000,000.00. Diane later sued Allan because a lawyer advised her that the contract was a bad deal for her. Which of the following is the most appropriate theory in support of Diane's lawsuit? A.) Undue influence. B.) Fraud. C.) Conversion. D.) Duress.DAllan, a large man, threatened to hit Diane, a small woman, unless she signed a contract prepared by Allan. Diane was very afraid of Allan so she signed the contract even though she thought it was a bad deal for her. The contract stated that Diane would transfer 51% of the stock in a corporation which was wholly owned by Diane to Allan in exchange for his payment of $100,000.00. The stock was worth much more and, in fact, Diane had rejected an offer from someone else in the amount of $1,000,000.00. Diane later sued Allan because a lawyer advised her that the contract was a bad deal for her. Assume for the purposes of this question only that Diane won her lawsuit. Which of the following equitable remedies would most likely be in the judgment? A.) Specific performance. B.) Reformation. C.) Rescission and restitution. D.) Injunction.CPrefontaine was seriously injured after he ate a large meal at Bowerman's restaurant. An investigation showed that, while Bowerman was in compliance with all laws relating to food preparation at the time, Prefontaine's injuries were caused by the meal. Which of the following would be the best theory for Prefontaine's lawsuit against Bowerman for these injuries? A.) Strict liability. B.) Intentional infliction of emotional distress. C.) Negligence. D.) Invasion of privacy.AThe court ruled that evidence of actions by the parties after they were supposed to have entered into an oral contract was relevant. This ruling is an example of: A.) Parol evidence rule. B.) Surrounding circumstances. C.) Subsequent conduct. D.) Statute of frauds.CHoratio said to Kane: "I offer to buy your car for $10,000.00." This offer is available to be accepted for: A.) The remainder of the day. B.) Thirty days. C.) A reasonable period of time. D.) An indefinite period of time.CLarkin sued Jett for breach of contract because Larkin had done consulting services for Jett but Jett did not pay Larkin's $100,000.00 fee as promised. The court gave its judgment in favor of Larkin against Jett in the amount of $100,000.00. Which of the following is the best characterization of this judgment? A.) Compensatory damages. B.) Liquidated damages. C.) Special damages. D.) Consequential damages.AA bilateral contract consists of: A.) A promise by one party which calls for action by the other party. B.) Promises by both parties. C.) A promise in writing. D.) A contract that violates the statute of frauds.BWhich of the following is the best example of a voidable contract? A.) Leo and Warner agreed that Leo would provide illegal drugs to Warner who, in exchange, would pay $5,000.00 to Leo. B.) Rinehart and Lindstedt agreed to a real estate contract just minutes after Rinehart suffered a serious head injury. C.) Wildish and Bohm agreed to a contract that was much more favorable to Wildish than it was to Bohm. D.) Roxy and Lindsay discussed an agreement which involved the sale of Roxy's car for its fair market value.BPointing at Barry's car, Adam said: "I will buy your car for $10,000.00." Barry replied: "Let me think about it and I will text you later." Later that same day, Adam sent a text to Barry that said: "I don't want your car after all." Barry then texted right back: "I accept your offer." Do Adam and Barry have mutual assent? A.) Yes, because Barry accepted Adam's offer within a reasonable time. B.) Yes, because Barry did promise to send a text to Adam later. C.) No, because Adam withdrew his offer before Barry accepted it. D.) No, because Adam's offer was not reasonably definite.CElgin was a lawyer who was representing Baylor in a lawsuit in which Baylor, the plaintiff, was seeking $100,000.00 in damages. The defendant made a motion for summary judgment. Elgin failed to appear at the hearing on the motion for summary judgment so the judge dismissed Baylor's lawsuit. Elgin failed to appear because Wilt disabled Elgin's car on the morning of the hearing. Elgin was not able to borrow another car that morning despite calling several friends and colleagues. Baylor sued Wilt for the damages suffered due to the dismissal. Which of the following is the best cause of action for Baylor's lawsuit against Wilt? A.) Fraud. B.) Intentional infliction of emotional distress. C.) Wrongful interference. D.) Defamation.CElgin was a lawyer who was representing Baylor in a lawsuit in which Baylor, the plaintiff, was seeking $100,000.00 in damages. The defendant made a motion for summary judgment. Elgin failed to appear at the hearing on the motion for summary judgment so the judge dismissed Baylor's lawsuit. Elgin failed to appear because Wilt disabled Elgin's car on the morning of the hearing. Elgin was not able to borrow another car that morning despite calling several friends and colleagues. Baylor sued Wilt for the damages suffered due to the dismissal. Assume for the purposes of this question only that Baylor won his lawsuit against Wilt and the court awarded damages of $100,000.00 to compensate Baylor for what he should have won in the prior lawsuit that was dismissed. Which of the following is the best description of these damages? A.) Special damages. B.) General damages. C.) Compensatory damages. D.) Consequential damages.ARivara was celebrating her birthday with friends when she decided to shoot her gun into the air. She was careful to shoot toward an open field but Barragan was hit and injured by one of Rivara's shots. This is best described as: A.) An unfortunate accident. B.) Negligence. C.) Strict liability. D.) Intentional tort.DCausation is often determined by how _____________________ it is that the defendant's bad act would lead to the plaintiff's injury. A.) Foreseeable. B.) Probable. C.) Possible. D.) Predictable.ASmith drove between his home in Long Beach and his job in Fullerton three or four days every week. During his drive between work and home, he owed a duty of care to: A.) Be attentive and not do things like texting while driving. B.) Let other drivers pass ahead of him. C.) Both A and B. D.) Neither A nor B.AWhich of the following is the best example of liquidated damages? A.) Lourdes and Joseph had a contract that stated, in the event of a breach by Lourdes, Joseph would be entitled to damages in the amount of $3,000.00. B.) Lourdes and Joseph had a contract that, because a breach by Lourdes, Joseph lost income from several customers in the amount of $300,000.00. C.) Lourdes and Joseph had a contract which, because of a death in Joseph's family, they decided to replace with another contract. D.) Lourdes and Joseph had a contract which, when Lourdes sold her interest to Shellie, Shellie obtained Lourdes' right to get a payment from Joseph in the amount of $30,000.00.AIn a breach of contract case, the defense of mitigation of damages obligates the plaintiff to: A.) Provide all information he or she has about damages to the defendant. B.) Go through a mediation before filing his or her complaint. C.) Be willing to accept alternative remedies other than damages. D.) Make reasonable efforts to reduce the amount of his or her damages.DWhich of the following is the best example of a manufacturing defect? A.) The designer of a product miscalculated the product's strength resulting in injuries to Andropov. B.) A piece of furniture was improperly assembled which caused Arvizu to break her nose and lose two teeth. C.) Anto was injured because he ignored a warning about not ironing clothes while wearing them. D.) Arias lost her job after a customer lied to Arias's supervisor about Arias's work ethic.BAndrews and Peters were in a car accident when Andrews ran a red light and hit Peters who, at that same time, was driving and texting. Peters sued Andrews based on personal injuries and property damage. Which of the following is Andrews' best defense? A.) Assumption of the risk. B.) Comparative negligence. C.) Third party fault. D.) Unclean hands.BSoto lost his cat and posted signs in his neighborhood offering a $100.00 reward for the cat's return. Dominguez found Soto's cat and returned the cat to Soto at Soto's house. Before Dominguez returned the cat to Soto, Dominguez saw one of Soto's signs offering the reward. Dominguez asked for the reward, but Soto refused to pay. Is Soto obligated to pay the reward to Dominguez? A.) Yes, because Dominguez was going to return the cat to Soto anyway B.) Yes, because Dominguez saw the sign offering the reward before returning the cat to Soto. C.) No, because Dominguez was going to return the cat to Soto anyway. D.) No, because Dominguez did not see the sign offering the reward before returning the cat to Soto.BTwo men did substantial landscaping work at Floopy's house. Floopy had not asked the men to do this work but was happy to watch them do the work. The men gave Floopy a bill for their services ($500.00, which was a reasonable fee for the work). After discussing the matter, Floopy and the men determined that the men had mistakenly done the work at the wrong property. Should Floopy be obligated to pay the men for the work? A.) Yes, because work of this type does not require a written contract. B.) Yes, because otherwise unjust enrichment would result. C.) No, because work of this type requires a written contract. D.) No, because no unjust enrichment would result.BFarzad breached a written contract with Cyrus five years ago. Cyrus filed a lawsuit against Farzad based on this breach of written contract. The statute of limitations for breach of written contract is four years. Which of the following is correct? A.) The contract is discharged by operation of law. B.) The contract is discharged by novation. C.) The contract is discharged by substantial performance. D.) The contract is discharged by accord and satisfaction.AFrosty went to a doctor due to back pain. Frosty told the doctor that he had hurt his back while lifting a large package of illegal goods. The doctor reported Frosty's statement to the police who arrested Frosty for trafficking in illegal goods. Frosty's lawyer was able to get the charges dismissed but not before Frosty had spent $30,000.00 for legal fees (he was also very upset about having to face criminal charges). Frosty sued the doctor for invasion of privacy. Frosty claimed damages for the legal fees in the amount of $30,000.00 plus emotional distress damages. What should be the result of Frosty's privacy case against the doctor? A.) Frosty should win because the charges against him were dismissed. B.) Frosty should win because he had a reasonable expectation of privacy. C.) Frosty should lose because the charges against him were dismissed. D.) Frosty should lose because he did not have a reasonable expectation of privacy.BFrosty went to a doctor due to back pain. Frosty told the doctor that he had hurt his back while lifting a large package of illegal goods. The doctor reported Frosty's statement to the police who arrested Frosty for trafficking in illegal goods. Frosty's lawyer was able to get the charges dismissed but not before Frosty had spent $30,000.00 for legal fees (he was also very upset about having to face criminal charges). Frosty sued the doctor for invasion of privacy. Frosty claimed damages for the legal fees in the amount of $30,000.00 plus emotional distress damages. Assume for the purposes of this question only that Frosty won the case. Which of the following is the best description of his damages based on emotional distress? A.) General damages. B.) Special damages. C.) Consequential damages. D.) Compensatory damages.AWhich of the following is the best example of undue influence? (Allan is Diane's professor at CSUF.) A.) Allan persuaded Diane to sign a contract by telling her that she would really benefit by the contract. B.) Allan persuaded Diane to sign a contract by telling her that he would kill her if she did not sign. C.) Allan persuaded Diane to sign a contract by telling her that he would give her an "F" if she did not sign. D.) Allan persuaded Diane to sign a contract by telling her many false statements about the contract.CEmma posted a sign that offered a $500 reward for "the safe return of our family cat 'Lord Tubbington.'" The sign included a color photograph of "Lord Tubbington." Lily saw the sign and found "Lord Tubbington" about five minutes later. She then safely returned "Lord Tubbington" to Emma who refused to pay the reward. Lily sued Emma for the reward in small claims court. What should be the result? A.) Lily should win because she did a good deed by returning the cat to Emma. B.) Lily should win because she could have been doing other things. C.) Lily should win because she saw the sign before returning the cat to Emma. D.) Lily should lose.CWhich of the following is the best example of a void contract? A.) Turtle signed a contract after Dove pointed a gun at her. B.) Clancy signed a contract which was very unfavorable to him. C.) Lewis signed a contract involving the distribution of illegal drugs. D.) Ishmael signed a contract even though it was a bad deal for him.CBarb and Jenn signed a written contract stating that Barb would pay $10,000.00 to Jenn in exchange for Jenn's promise to not make an offer on a home Barb wanted to buy. They had actually agreed to a payment of only $7,600.00 (not $10,000.00), but Jenn told Barb to sign the contract since "we know what our real agreement is." Should a court permit Barb to testify that the payment should have been only $7,600.00 (not $10,000.00) based on Jenn's statement? A.) This testimony should be allowed because the difference between $10,000.00 and $7,600.00 is only $2,400.00. B.) This testimony should be allowed because a payment of $7,600.00 can be substantial performance of a $10,000.00 debt. C.) This testimony should not be allowed because the parol evidence rule bars evidence that contradicts a written contract. D.) This testimony should not be allowed because the Jenn's statement did violate the statute of frauds.CLourdes and Jose agreed that Lourdes would sell her car to Jose who would pay her $5,000.00. They met as agreed and Jose handed the $5,000.00 to Lourdes. However, Lourdes handed Jose a horse which they confirmed was worth $5,000.00. Which of the following is true? A.) There was full performance of their contract. B.) There was substantial performance of their contract. C.) Both A and B. D.) Neither A nor B.DWhich of the following is the best example of a situation where Segerstrom would be entitled to liquidated damages? A.) Sandoval entered into a contract with Segerstrom which stated that Sandoval was required to pay $25,000.00 to Segerstrom by September 25, 2022; however, Sandoval then failed to pay any money to Segerstrom. B.) Cruz entered into a contract with Segerstrom which stated that Cruz would refrain from exercising his legal right to smoke cigarettes; however, Cruz then smoked several cigarettes. C.) Sotomayor entered into a contract with Segerstrom which stated that Sotomayor would pay $100,000.00 to Segerstrom in the event of a breach; however, Sotomayor then breached the contract. D.) Rios entered into a contract with Segerstrom which stated that Rios would sell his house to Segerstrom; however, Rios then got an offer of $100,000.00 more from Nguyen so Rios sold the house to Nguyen instead.CA truck driver could not get a metal plate at a loading dock into the right position for unloading goods from the truck. He decided to jump on the metal plate in order to get it into the right position. While doing so, he fell and was injured. The truck driver filed a negligence lawsuit against the company that was supposed to maintain the loading dock. What is the company's best defense? A.) No duty of care. B.) No breach of the duty of care. C.) No causation. D.) No damages.CAlyssa and Gizelle were both driving their cars northbound on the 57 freeway on the way to CSUF. They were involved in a car accident which happened when Alyssa was not paying attention while driving and she swerved into Gizelle's lane. At the same time, Gizelle was sending a text to her boyfriend. The accident caused great damage to Gizelle's car plus she sustained injuries. Alyssa was uninjured and her car sustained only a small dent on the left side. Gizelle sued Alyssa for damages based on her personal injuries and property damage. Did Alyssa owe Gizelle a duty of care? A.) Yes. because Alyssa assumed the risk. B.) Yes, because they had a special relationship. C.) Yes, because they were driving in the same area. D.) No.CAlyssa and Gizelle were both driving their cars northbound on the 57 freeway on the way to CSUF. They were involved in a car accident which happened when Alyssa was not paying attention while driving and she swerved into Gizelle's lane. At the same time, Gizelle was sending a text to her boyfriend. The accident caused great damage to Gizelle's car plus she sustained injuries. Alyssa was uninjured and her car sustained only a small dent on the left side. Gizelle sued Alyssa for damages based on her personal injuries and property damage Which of the following is Alyssa's best defense to Gizelle's lawsuit? A.) Act of God. B.) Mitigation of damages. C.) Comparative negligence. D.) Third party fault.C