

pages 276-321 in the text
Question 1
John negligently hit Mary on the arm. Mary became psychotic as a
result. What is the most likely legal result?
John will be liable for
Mary's psychosis because psychosis is a foreseeable injury.
John will be liable
for Mary's psychosis because tort defendants must take the plaintiffs as
they find them.
John will not be liable
for Mary's psychosis because psychosis is unforeseeable.
John will not be liable
for Mary's psychosis because he did not cause her psychosis.
Question 2
Mike carried several sticks of dynamite in the trunk
of his car. Jill did not know or have reason to know that Mike was carrying
dynamite in his car. Jill drove her car negligently and collided with Mike's
car. The collision set off an explosion injuring Karen, two blocks away
from the accident. What result?
Jill will be liable
to Karen because tort defendants must take their victims as they find them.
Jill will be liable
to Karen because she was the cause of the injury to Karen.
Jill will not be liable
to Karen because Karen was an unforeseeable plaintiff.
Jill will not be liable
to Karen because she did not cause Karen's injury.
Question 3
Alice, Bob and Charles went hunting. Alice and Bob
negligently shot at Charles thinking that they were aiming at a duck. One
bullet hit Charles. No one can prove where the bullet came from. What result?
Alice and Bob will
be liable to Charles jointly and severally.
Alice will be liable for
half the damages and Bob will be liable for half.
Neither Alice nor Bob will
be liable because the plaintiff has failed to meet his burden of proving
which defendant caused his injury.
Neither Alice nor Bob
will be liable because Charles should have ducked.
Question 4
Sam parked his car in an area generally known
as a high-crime area. He negligently left the keys in the ignition. Robert
saw that the keys were in the ignition and decided to take the car for a
joy ride. Three minutes later Robert lost control of the car and negligently
struck Harriet who was legally crossing an intersection. What result?
The court will direct
a verdict in favor of Harriet because Sam was the direct cause of her injury.
The court will allow
the jury to decide if Sam should have foreseen the type of injury that resulted
to Harriet.
The court will not
allow the jury to decide if Sam is liable because Sam was not the cause
of Harriet's injury.
The court will not
allow the jury to decide if Sam is liable because one can never anticipate
another person's wrongful conduct.