1. You are sunbathing on a dock at a beach and lake well-known to you. You know that the area at the end of the dock is around three feet deep with a sandy bottom. You notice a toddler, without supervision, playing dangerously near the end of the dock where you are sunbathing. You are concerned about the toddler but are also tired and fall asleep. You are awakened by people shouting; the little girl has fallen off the dock and drowned. have a legal duty to ensure the safety of the child? Why or why not?

2. You and your ex-partner have had a bitter parting of ways. One day, while walking on a busy sidewalk, you see your ex-partner walking in the opposite direction. You ignore your ex, but, as your paths cross, your ex trips you. When you fall, you break your wrist.

You sue for battery (an intentional tort). Your ex-partner claims that it was an accident. You have to prove, by a preponderance of the evidence, that your ex-partner tripped you on purpose. What will be your evidence of "intent?"

3. ou accidentally drive through a four-way stop at night, colliding with another car; the driver of the other car, Penelope, had forgotten to turn on her headlights. Penelope leaves her car and walks over to exchange insurance information. As she approaches you, Penelope is struck by lightning and, tragically, dies.

Penelope's family sues you for Wrongful Death, arguing that BUT FOR your negligence, causing the accident, their beloved Penelope would still be alive. What will you argue in your defense? Who is likely to prevail and why?

4. You work at Florence's Fashions, a small shop that specializes in selling high-fashion consignment clothing. Florence's shelves and racks are filled with articles for sale but have no snack or lunch facilities. You are the only full-time employee and always break a hour for lunch. There are several fast food outlets within a block or so.

One very busy day, you head down the sidewalk towards your favorite lunch spot, Gerties Grill. En route, you bump into Spike, a teen boy, who is speeding by you on the sidewalk on a skateboard. Spike falls and breaks his ankle and then sues you for damages.

What might your defenses be? Might your employer be vicariously liable if the jury found you to be negligent? Who is likely to prevail and why?

5. You and your partner own Gaia's Organic Grocery: You buy your romaine lettuce from Naturally Yours Garden Farm.

Unknown to you, Naturally Yours' romaine has been infected by a microscopic parasite that had not previously been found in the northern half of the United States. As a result, your customers (and those of the other groceries who bought from Naturally Yours) who ate the romaine suffered from a short, intense bout of food poisoning.

All the adversely affected customers filed suit against both Naturally Yours and the grocery stores, including Gaia's Organic Grocery, where they made their purchase. All the defendants, including you, will almost certainly be liable under strict product liability, a law enacted by the legislative branch. Is strict liability good public policy under these circumstances?

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