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※ 編輯: ddkkz2003 來自: 140.112.249.239 (06/18 03:02)
課程名稱︰英美侵權行為法乙
課程性質︰系內選修 / 法學組必修
課程教師︰葉俊榮
開課學院：法律學院
開課系所︰法律系
考試日期（年月日）︰102.6.17
考試時限（分鐘）：110
是否需發放獎勵金：YES
（如未明確表示，則不予發放）
試題 :
Please note, you should answer all three questions. Citing cases, while not
required, is highly recommended. You may refer to class assignments, notes,
dictionary or any material ypu deemed helpful. Internet access, discussion
or any form of exchanging ideas, however, is not allowed.
(註 : 考卷用中文或英文作答皆可)
I. Quenstion One (50%)
Among the tort law cases that we read and discussed in this semester:
A.Many cases reflect the decisive role of decision making in the context of
social dealings. How do these instances of decision making and information
flow play a role in liability assignment? please refer to cases in
discussion.
B.Many cases deal with multiple possible wrongdoers, testing court's
willingness to take the case or, when the court does take the case, it's
reasoning to resolve the complexity. Please identify this line of cases
in concept.
C.Some of the cases present a clear departure from traditional qualitative
analysis towards a quantitative choice, what are they and what are they
about?
II. Question Two (25%)
The extreme weather associated with climate change has caused casulties in
many parts of the world, and it is believed that there are more to come.
While reconizing the emergence of the "new torts", people place less hope on
the tort law to fuction, can you explain why ? Onthe other hand, some belived
that innovative tort law cases could help. Can you try to explore how the
judicial wisdom as shown in Sindell case could be of any reference to the
resolution of climate change liability paradox ?
III. Question Three (25%)
In responding to H7N9 epidemics, the CDC has moved to develop a vaccine
called Birka. Before Official introduction into the market, Dr. Billy Goldstein
, the person behind this project, warned in the communication note in part:
If Birka is used as a National vaccination program directed to the fight
against the spread of H7N9 in this country, it is estimated that 1 out of
10000 who got vaccinated may develop blood clotting. The weakend H7N9 virus
could stay in the tissue and turn active after some 12 years of "sleep"
when other internal or environmental conditions are met. Smokimg, taking
oral contraceptives and frequent sex are believed to be contributory
factors to the problem.
As an associate researcher for ProVictimsPros, a public interest think tank
established to safegurad the rights of victims, you are requested by your boss
, Tim Tan to look into this issue from the ppint of view of prospective victim
compensation. Yes, you are about to write a memo about that. please show me
your memo before submitting it to Mr. Tan.
TAKE IT EASY, AND HAVE A GREAT SUMMER VACATION !
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