Gallagher-2012-Fall-Torts-FinalExam - EXAM PART I ESSAY...

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EXAM#____________ Page 2 of 16 Gallagher: Torts, Final Exam, Fall 2012 PART I – ESSAY 1 (100 total points) (Suggested time: 1 Hour) Lucy and Janis are a long-time same-sex couple. They have long wanted to get married, but the state in which they live does not recognize same-sex marriages. Lucy and Janis decided a number of years ago to raise a child, Jed, who was conceived by artificial insemination. Janis was the birth mother, and both Janis and Lucy have been involved in rearing Jed since his birth. Lucy considers Jed her “son”, but has never legally adopted him. Both Janis and Lucy contribute financially to the household and jointly share all household expenses and responsibilities. Jed is now eight years old. One day, while staying in a suite of rooms at an old resort hotel with both Lucy and Janice, Jed was severely hurt when he touched an evaporative cooler in one of the rooms that had been negligently installed by the hotel. Lucy was in another room of the suite at the time and heard Jed make a loud, blood-curdling scream. Immediately upon hearing this, Lucy raced into the room where Jed now lay on the ground convulsing and vomiting. Janice had been in the hotel’s coffee shop when Jed was injured, but she saw the entire event take place because she had been watching Jed via a room camera that she had set up to stream live images of Jed to her laptop.
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  • Fall '
  • Gallagher
  • Cannon, Jed, Lucy

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