[分享] [考古題]97年下學期林世宗老師英美侵權 …
整理出來的，順便賺一下文章數
期中考:
1.Why a patient, with less than a 50 percent chance of survival, has
a cause of action against the physician if he is negligent in diagnosing
a lung cancer which reduces his chances of survival by 14 percent?
2.D's house in populous city, through the negligence of D, take fire,
and the flames extend to and destroy an adjacent building of P.
Is D liable to P's damage?
3.P was standing on a platform of D's railroad after buying a ticket,
A train stopped at the station, a man ran forward to catch it, carrying
a package and jumped aboard the car, but seemed unsteady as if about
to fall. A station guard on the car, who gad held the door open, reached
forward to help him in and another guard on the platform pushed him
from behind. In this act, the package was dislodged, and fell upon
the rails. It was a package of small size and was covered by a newspaper.
In fact, it contained Fireworks, but there was nothing in its appearance
to give notice of its contents.
The said fireworks when they feel exploded. P, standing at the other
end of the platform many feet away, was seriously injured by the said
explosion. P brought and action in negligence against D.
What result? Discuss.
4.D, a driver, struck and killed P's child, as she was crossing a public
street. P, as the mother of her child, sued D for nervous shock and
serious mental pain suffered in consequence of D's negligence.
How to determine whether D owes a duty to P?
5.Is D liable if he sees an infant running into danger and dose not
warn him?
6.Explain the different duty which rests upon the occupier of promises
towards the persons who come on such premises differs according to the
category into which the visitor falls?
7.Why the court rejected the rigid common law classifications and imposed
on owners and occupiers a single duty of negligence?
8.Why the duty should be placed on a landlord to take steps to protect
tenants from foreseeable criminal acts committed by third parties?
9.Why a physician bears a duty to exercise reasonable care to protect the
foreseeable victim of his patient to poses a serious danger of violence
on him?
10.Why one who engages in blasting must assume responsibility, and be
liable without fault, for any injury he causes to neighboring?
11.Is the shipper of the dangerous chemical liquid strictly liable for the
consequences of the leak from the car occurred while the liquid was
being shipped?
12.Why a manufacturer of automobiles owed a duty of care to any one even no
privity of contract?
期末考:
1.Why a manufacturer should be strictly responsible for an injury caused by
a product sold and used to the consumers?
2.Can a homeowner recover for purely economic loses from a defective
concrete supplier under a tort theory?
3.Why a physician can not be held subject to strict liability for defects in
a product incident to the provision of medical survives?
4.Why an automobile manufacturer should be liable for a defect in design
of "second collision"?
5.Why a manufacturer of oral contraceptives is not justified in relying
on warnings to the medical profession instead of the ultimate user?
6.Why cognitive awareness is a prerequisite to recover for loss of enjoyment
of life?
7.What is punitive damages?
How to determine the punitive damages?
8.What is defamation?
Why communications among its own employees do not constitute defamation?
9.What is the common law defamation?
Why the common law defamation should not be applied for a public official
to recover damages on a defamatory falsehood relating to his official conduct
against the news media?
10.Why the New York Times' rule should not extend to defamatory falsehood
relating to private persons if the statements concerned matter of public
interest?
11.What is the right of privacy?
Why the publication of truthful information available on the governmental
record dose not invade the right of privacy?
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12/14 21:21, , 1F
12/14 21:21, 1F