TORTS I N
FINAL EXAMINATION
PROFESSOR ANGLADE
FALL 2002
THURSDAY, DECEMBER 19, 2002
1. This is a closed book exam. No materials are allowed.
2. You have two (2) hours and 30 minutes to complete this exam. You may allocate your time as you wish.
3. This exam consists of two parts:
· Part I consists of 25 multiple-choice questions. Part I is worth 50% of your grade. Indicate
your answer choice for the multiple choice questions on the ParSCORE form provided.
· Part II consists of one (1) essay question. Part II is worth 50% of your grade. Answer this
question in blue books or type your response. If your response to the essay question is
handwritten, please be sure to skip a line when writing, i.e., write on every other line. If you
type your response to the essay, please double-space.
1. Write your exam number on your exam envelope, all used blue books, at the top of this exam question
packet, and on the ParSCORE form. Do not use your name, student ID number, or Social Security
Number on any exam materials.
2. At the conclusion of the exam, return all test materials, including blue books, scratch paper, the
ParSCORE form and this exam question packet to the envelope and submit it to the proctor.
Part II: ESSAY
Dusty, is a crop duster who lives with her daughter, Erica, in a farming community. Dusty's work
involves flying, at about twenty-five feet above the ground and applying fertilizers, insecticides and
other chemicals to fields of crops. Dusty owns and operates a small airplane for this purpose.
Dusty's daughter, Erica, is fifteen years old. Erica often accompanies her mother as she works, and,
although she had never piloted the airplane, she has flown alongside her mother on many
occasions. Erica wanted to learn how to fly, but a state statute makes it illegal for anyone under
eighteen years old to fly a plane of any sort.
One day as Dusty and Erica were flying home, Dusty became suddenly ill and was unable to
maintain control of the plane. Faced with this situation, Erica took hold of the steering wheel,
moved closer to her mother, and prepared to land the airplane.
As she lowered the plane, Erica heard a voice from below. She looked down and saw
Farmer, running towards the plane and waving his arms. Farmer was yelling, "Don't land here!
I don't want your filthy chemicals on my land!"
"It's an emergency! My mother needs a doctor!" Dusty yelled to Farmer. Farmer screamed
back. "I don't care! If you land here, you'll both need a doctor because I will beat you to a
pulp!"
Erica wanted to land the plane and get her mother the medical attention she needed. She decided to
ignore Farmer, and began to lower the plane. As she lowered the plane, Erica saw Farmer running
towards it. Knowing that she needed to get a safe distance from him in order to land, Erica
attempted to accelerate the plane. However, because of her inexperience, Erica pulled the wrong
handle. Instead of accelerating the plane, Erica pulled a handle that caused insecticide to be released.
As a result, Farmer and a portion of his crops were covered with insecticide. Farmer suffered
considerable physical injuries as a result of being soaked with insecticide. Erica was scared, but
determined to land the plane. She lowered the plane onto Farmer's property. She had a safe, but
rough landing that caused further damage to Farmer's property.
1. Identify and assess any intentional tort claims that Farmer may bring against
Erica. Your assessment of Farmer's intentional tort claims should include
consideration of any defenses or privileges that Erica may assert.
2. Evaluate whether Farmer can establish a prima facie claim of negligence
against Erica. [For purposes of this question, assume that proximate cause can
be established.]
END OF EXAM