Final Examination

Torts I

Gallagher

Fall 2005

 

 

 

1.      You have three (3) hours to complete this exam.

 

2.      This is a closed book exam.

 

3.      This exam consists of three parts.

 

Part I consists of one (1) essay question. Part I is worth 60% of the exam. Please allocate your time accordingly. Please write your response in the blue books provided, or type your response. Please write clearly.  Write on every other line and every other page to permit instructor comments, if you are handwriting your exam.

 

Part II consists of one (1) essay question. Part II is worth 20% of the exam. Please allocate your time accordingly. Please write your response in the blue books provided, or type your response. Please write clearly.  Write on every other line and every other page to permit instructor comments, if you are handwriting your exam.

 

Part III consists of fifteen (15) multiple-choice questions. Part III is worth 20% of the exam. Please allocate your time accordingly. Please mark your responses to the multiple choice questions 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.

 

4.      Write your exam number on your exam envelope.  Put your correct class section and exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST 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, ParScore answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

 

 

GOOD LUCK!

Part I: Essay Question I (60 % of total exam points)

 

 

 

Angel and Bob were dinner guests at Carl’s home, which, though still under construction, had been occupied by Carl for more than two years. The interior floors of Carl’s house were exposed particle board and were not covered by wood flooring or carpet. Many of the walls in the house were unpaneled, with insulation and some electrical wiring visible. This was due to the fact that Carl was doing most of the construction himself, working as he could squeeze in the time from his demanding job in the software industry.

 

Angel, Bob, and Carl spent several hours enjoying a leisurely dinner in Carl’s dining room. Dinner was completed at 10 p.m. By that time, the dining room area had become warm and stuffy, so Carl arose from the table and opened one side of a pair of French doors in order to let in some fresh air.

 

At the same time, Angel got up from the table and moved towards the open French door. Although it was very dark outdoors, interior lights in the house allowed Angel to see there was a wooden deck outside the door. Angel could only see about three feet of the deck area extending from the French door because there was no exterior lighting in that area, so she was not aware of the full size of the deck or its condition.

 

As Angel hesitated at the threshold of the door for several seconds, Carl watched her but said nothing. Carl then turned towards Bob to ask him if he wanted coffee after dinner. Angel then took two steps onto the deck to get some fresh air and see the stars. She took a third step into the darkness and fell six feet to the ground below, severely injuring her back due to the fall. Bob heard Angel scream as she fell, but because of the darkness, did not see her fall. He and Carl went out the front door and found Angel in pain on the ground below the deck. Upon seeing her, Bob fainted. As it turns out, Carl’s deck was not fully constructed. The deck flooring was complete, but no railings had been installed. Carl had never mentioned this fact to Angel or Bob.

 

The local building code ordinance required that any deck, balcony, or porch have guardrails installed. Carl was aware of this requirement, but assumed he would comply with the code when the deck was completed.

 

Discuss the claims and defenses that may be raised by the parties.

Part II: Essay Question II (20 % of total exam points)

 

 

 

Macy’s department store sponsors a wildly popular Thanksgiving Day parade, featuring marching bands, motorized floats, and giant balloons inflated with helium. The parade route is on public streets in downtown New York City. At one location in the parade route this year, Macy’s has blocked public access to the street, using traffic barriers to keep people away from the area. Vicky, a college student watching the parade, decided to sneak into this restricted area to get a closer look at the balloons. While watching the parade go by, Vicky was hit and injured by a large, 600 pound balloon depicting a turkey that got away from the workers hired to control the balloon with rope tethers. Apparently only half of the workers necessary to control the balloon showed up for work that day, but Macy’s decided to allow the turkey balloon to go on the parade route anyway because it was so popular every year. Vicky suffered a head injury and sued Macy’s on a theory of strict liability in tort.

 

Discuss whether Vicky will likely be successful on her claim.  Be sure to explain why/why not.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

END OF ESSAY SECTION