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.