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Week 9 Practice Questions

Week 9 Practice Questions - explain how she fell In Kramer...

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P ROFESSOR P ALMER T ORTS I – QUESTIONS W EEK 9 1. Jack, a Cooley Law student, was walking past the Cooley Center when a window fell out of the building and struck him on the shoulder. Can Jack use the doctrine of res ipsa loquitor in suing the law school? Explain. The law school argues that if res ipsa loquitor is applied, that may show or permit an inference of breach but not causation. Is that correct? Explain. 2. a woman was able to recover even though she could not
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Unformatted text preview: explain how she fell. In Kramer Services vs Wilkins the plaintiff was denied recovery because the plaintiff could not show that the accident caused cancer. Are these cases inconsistent? Explain. No, RIL has to give you both, breach and it necessarily has to give you causation b/c P doesn’t know what the breach is. If you don’t know what the breach is, there must be causation....
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