[考古] 99學年度第1學期 英美侵權行為法 林世宗 期中考

[ioufriends (賊)]

1. Ward accidentally by misfortune and against his will in discharging his
   piece did hurt and wound P. P brought and action of trespass and battery
   against Ward. If you wewe Ward's attorney, how could you win the case?

2. Two dogs, owned by P and D, were fighting. D tried to separate them by
   beating them with a stick. In doing so he backed up toward P, and in
   raising his stick over his shoulder, hit P in the eyes, and injured him.
   P sued P in the action of trespass for battery. Who won? Discuss fully.

3. While driving the car, D fainted suddenly, and collied with P's car,
   causing injury on P's head. Can P sue D in the aciton of negligence?
   What are the reasons for it?

4. D was engaged in constructing a tunnel. He set off dynamite at the
   consturction site which was only 100 feet away from P's house, causing
   serious damages on P's house. However, P could not prove negligence on D's
   blasting. If you were P's attorney, how could you win the case?

5. While P, an old woman, started to sit down in a wood chair, D, a child of
   age 5 years, deliberately pulled it out from under P. As D discovered P
   about to sit down at the place where the chair had formerly been, D
   hurriedly attempted to move it toward P to aid her in sitting down in the
   chair, but D was unable to get the chair under P in time to prevent her
   from falling to the ground. P fell to the ground and injured. Is D liable
   for battery to P's injury? Why?

6. D, in an effort to tease P, whom he knew to be shy, intentionally put his
   arm around P and pulled her head toward him. After this sudden hug, P
   suffered an injury in her neck and ear. Is D liable for D on the action of
   battery or negligence?

7. Why an insane person by his act does intentional damage to the person he is
   liable for that damage in the same circumstances in which a normal person
   would be liable?

8. What is the different between assault and battery?

9. During a fire drill, D, a teacher, had a responsibility to her students to
   keep them moving in an orderly fashion down the stairs and out of door. D,
   in order to notice P, placed her fingertips on P's shoulder, causing P to
   fall down the stairs and injure P. Is D liable to P for battery?

10. P, a Negro, entered into a very high class restaurant and asked for lunch.
    The luncheon was buffet style, and P stood in line with others. As P was
    about to be served, he was approached by the Restaurant's manger, who
    snatched the plate from P's hand and shouted that he, a Negro, could not
    be served in the restaurant. P testified that he was not actually touched,
    and did not testify that he suffered fear or apprehension of physical
    injury; but he did testify that he was highly embarrassed and upset by the
    manager's conduct. If P asked for your help, what would you advise him?

11. P, a retired old man, was taken to D's nursing home by his nephew.
    Thereafter, P decided he wanted to leave and walked out of the nursing
    home. But was caught by D and brought back forcibly, placed in a private
    room and locked up. If you were P's attorney, what kind of action you
    might sue against D?

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