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Cornell final05exam Torts Wendel

Cornell final05exam Torts Wendel - Exam No CORNELL LAW...

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Page 1 of 5 Exam No. ____ CORNELL LAW SCHOOL Fall Term, 2005 Final Examination TORTS Sections A, B, and D Monday, December 12, 2004 Professor Wendel INSTRUCTIONS If you are handwriting your exam, please write only on one side of the page, and please skip lines. Laptop use is permitted. You may have with you any printed reference materials, including your casebook, class notes, handouts, my outline, any outline you have prepared, and commercial study guides. The only restriction on reference materials is that you may not do real- time electronic research, through Westlaw, Lexis, Google, or any other database or search engine. All events described in this exam occurred in the State of Krzyzewski, the substantive law of which consists of the cases in the Franklin & Rabin casebook. If there is inconsistency in the cases that make up the law of Krzyzewski, the resolution depends on the role you are asked to play in answering the question. If you are acting as a judge, it is up to you to resolve the inconsistency in the way you think best, based on the policies underlying the tort system. If you are acting as a lawyer, you should make an argument for the result that would benefit your client, taking into account the counterarguments your opponent would likely raise. You do not need to return this exam with your bluebooks or typed answers. I have indicated the allocation of points and a suggested length for each answer. Length limits are suggestions only — there is no penalty for going over. You have four hours total to complete this exam. The amount of time you should spend on each question correlates roughly with the length and number of points per question. There are 100 total possible points on the exam. As you can see, the questions increase in length and difficulty, so please budget your time carefully. Good luck!
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Page 2 of 5 1. (10 points; 1-2 typed pages; 2-3 bluebook pages.) Nineteen year-old Philip goes to work for the Dickens Manufacturing Company, under the supervision of the hard-hearted manager Mr. Bumble. Philip’s job is to clean machine tools using highly flammable and toxic solvents, in a small unventilated room in the basement. The cleaning process results in large pools of solvent accumulating on the floor. The solvents soak Philip’s shoes and often lead to a painful itching condition on Philip’s feet. During the winter, the only source of heat in the basement room is an old space heater which uses an open gas flame. Philip has frequently complained to Mr. Bumble about the unsafe working conditions, but Mr. Bumble consistently refused to do anything to remedy the problem, reminding Philip that he is lucky to have a job at all. One wretched, cold winter’s day, a rat wanders into the filthy basement and blunders into one of the puddles of solvent. Startled, the rat begins to run around the room frantically. It runs into the space heater and the open flame catches the rat on fire. The rat then runs back into a pool of solvent, causing an explosion which injures Philip.
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Cornell final05exam Torts Wendel - Exam No CORNELL LAW...

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