FINAL EXAMINATION
TORTS I - N
PROFESSOR ANGLADE
FALL 2004

1. You have two (2) hours and thirty (30) minutes to complete this exam. You may allocate your time as you wish.

2. This is a closed book exam. No materials are allowed.

3. This exam consists of two parts:

Part I consists of 25 multiple-choice questions. Part I is worth 50% of your grade for this exam. Correct multiple choice answers are to be marked on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

Part II consists of one (1) essay question. Part II is worth 50% of your grade for this exam. 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.

4. 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.

5. 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.

Essay
50 points / 50 % of exam

Angela, a mechanic, recently purchased a new car. Because she lives in a neighborhood with a high number of auto thefts, she felt that she needed to protect her car from theft.

Angela was aware that people intending to steal a vehicle did so by “hot wiring” the vehicle. Hot wiring allows someone to start a car and drive it without having a key for the vehicle. In order to catch anyone who tried to steal her car, Angela rigged it so that if anyone were to start the car using the hot wire method, the car would operate for only a few minutes, after which time, the car’s engine would shut off automatically. Angela knew that rigging the car so that it would stall after a few minutes of driving could be dangerous, but she decided that anyone who stole her car deserved whatever he or she had coming.

One night, perhaps not surprisingly, Otto Taker, broke into Angela’s car. Otto hot wired the car and proceeded to drive it. After a few minutes, the rigging device that Angela had installed took effect, causing the car to shut off. The device caused the car to stall in a rather busy intersection.

At about the same time, Byron was driving safely towards the intersection. Having the right of way, he proceeded towards the intersection. Byron saw Angela’s car (driven by Otto) in the intersection, but because the car had stopped suddenly, Byron was unable to avoid hitting it. Thus, Byron’s car collided into Angela’s stalled vehicle.

Angela’s car was damaged beyond repair. Both Otto and Byron had some minor injuries from the collision. Otto had a broken arm.

Byron had some cuts and lacerations. Although, an ordinary person would have recovered easily from such injuries, Byron has hemophilia, an illness that causes uncontrollable bleeding. The excessive loss of blood following the collision resulted in brain damage; as a result, Byron will require close medical attention and assistance for the rest of his life.

In addition to the forgoing, you may assume the following: Byron was not driving negligently at the time of the collision. The jurisdiction provides for joint and several liability with contribution.

Please discuss and assess the claims and defenses that may be raised by the parties.

END OF EXAM