CA Bar Exam 練習答案: Torts (Feb 2011)

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問題文

February 2011 Question 4
https://nwculaw.edu/pdf/bar/February%202011%20Essays%20and%20Sample%20Answers.pdf

Gayle is 16 years old and attends high school in School District.

One day, Gayle’s teacher was relaxing in the teacher’s lounge during the first ten minutes of class time, as he usually did, leaving the students unsupervised. School District had long been aware of the teacher’s practice, but had done nothing about it.

That day, in the teacher’s absence, Gayle walked out of class and out of school. She got into her car and drove to the house of an adult friend, Frances. Gayle had promised Frances that, for $10, she would help her move some paintings.

Arriving at Frances’ house, Gayle carelessly parked her car several feet from the curb and entered the house. She came out later, carrying paintings to her car. In a patrol vehicle, Paula, a police officer, spotted Gayle’s car. Frances caught sight of the patrol vehicle and told Gayle, “Quick, move your car to the curb.”

Gayle jumped into her car just as Paula was walking towards it. Suddenly, without looking, Gayle swung her car toward the curb, hitting and severely injuring Paula.

After Paula was transported to a hospital, she was visited by her husband, Harry. Shocked at Paula’s condition, Harry collapsed and suffered a broken arm in the fall.

1. Under what theory or theories, if any, might Paula bring an action for damages against (a) Gayle, (b) Frances, and (c) School District, and how is she likely to fare? Discuss.
2. Under what theory or theories, if any, might Harry bring an action for damages against any defendant, and how is he likely to fare? Discuss.

答案