SAMPLE Examination for Torts 2 This is a The contents of the examination, including the exam questions, Each exam may have its own special instructions; therefore it is important for you to read these carefully before starting. Here, however, David can claim two defenses. <> If necessary, you can also review the Torts Rules of Law for this exam. 5(`E�mQ)X��_�"C�����+V�Z�L*�iC�c��ŷ�'�΄�!GC8��@淲i�rh`���})_P��7b���*o�x35�8M�, Monash University. �Q�*�p^S�RYZ 0����b"�/��#3Lsh��a�c����%0�ީQbX�2(Z)1 ~3�>�į�å��t���.~��DS��x%��|��c98ģ1~����1�o��[�CX��@P��l #A�kK��=���s ��Vmp̄}�(q*&i��a��c1���QJMƅ����es^��%�pua�j�d�$� Xˉv'}����5��^��t�H��gSi���z4���R������n�B��,��s�q���ڏj�`�i��JB4�3�J Consequently, I think that TeleCo's failure to seek alternatives was a breach of its duty of care. endobj The only factor that TeleCo thought was relevant was keeping its costs down. Give yourself 60 minutes to complete this exam. Under a causation analysis, the breach was both a direct and proximate cause of Kevin's injuries. One theory would be that David should drive slower than the speed limit when kids were present. Here, I don't think that a telephone pole snapping in half and falling on top of a kid is a likely result from swerving into another lane in order to avoid the kid in the first place. Peter's claim of contributory negligence against David is valid since David had a duty to look before changing lanes. endobj It was foreseeable that a car might hit a pole with sufficient force as to knock the pole down. Even if he is found negligent, David's liability is limited if Peter is found to be liable for contributory negligence. 3 0 obj <>>> !���a*$�|&[/W����|�X�������5�����*�R�T.�m �P0���[��L*�+����+r�UklE~�����*Ư&ju�zն�->V� David, however, probably breached a duty of care by not looking before he changed lanes. Past Torts Exams & Sample Answers David K. DeWolf Professor of Law Gonzaga Law School Since Kevin has shown damages, I think that TeleCo will probably be found negligent and liable for damages. Torts Practice Exam. endobj I will examine the potential liability of each party in turn. If you have not already done so, take the exam and then compare your answer to this sample. �4�U�K�b�H�t>t�g_�v�?��d"!��z���|����x���J�-�����j�5��sd32���G��2�S!�K�dP8p`�'� ��,�}����ɼ_ (�hj�oL9����)"1Ԁُ���Z?h���Y%�=���ˆ���U!~?L,����T�\��. Kevin will be judged by the standard of what a reasonable and prudent nine year old would do when playing games in his own neighborhood. Negligence exam answer template. 6 0 obj Although David may have breached a duty in not looking when changing lanes, he has a defense in the emergency doctrine. Dina, aged sixteen, lives at home with her mother, Mary, in a state where the age of majority is eighteen. Although the emergency doctrine relieves David of liability, it does not confer liability on Peter. if duty of ... LAW1117 Torts Law I End of Year Exam Notes Exam notes torts 1 Torts exam notes Civil Liability Act 2002 (WA) Torts-1-notes Torts I Notes - Detailed summary from lectures. Please sign in or register to post comments. © Copyright 1999 - 2003 LawNerds.com, Inc. All rights reserved. endobj endobj %PDF-1.5 Breaking the law - such as posted speed limits - creates a rebuttable presumption of negligence and doesn't require further analysis. Torts Sample Answer. )����x��5Z������t�=5��aA*"����g}�9Y.2T¹�ܺ,,��($����b@ 5H)�{.7y k��E�9���������t�1Ա���4r(�z��f|�|=��Hg�� ��������~�_�Ե��k�����S�;��3u�g�]��8p���8p���8p���8p�����~�7D��|6[.��|*��ݚ7���` G¡���5x�8.�K��5�J$s�[��ǫ�ɱ�d"��ϡ <> I think it is likely that Kevin, or his parents, will bear some responsibility for Kevin's injuries since he did not belong in the street. Since the poles are commonly placed in neighborhoods, it is reasonable to conclude that a pole might fall on someone. <> Here, TeleCo was under a duty of reasonable care since it knew that its telephone poles would be placed along the sides of roads. 10 0 obj stream i�� ˄cE���&\k�_��эZ�)s�����t:�!��� �6!�O5�A���p����I,�DL{��(*�@M�����������a]���P�x]m����Xn�-��9>�ՎD@c�ձwc��-����/U���nt�I�ͨ)�R.xb0 ��S��[Q�҄*_?��������y2���j����Xn��v[��+��˚5�9�{�|Q�80���5����}�# Lo�>%������`E!#���� �l�S��415?
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