Use this fact pattern to answer this question and questions 2 - 5. One day while Hillary is driving down a busy road, the truck in front of her abruptly comes to a complete stop. Hillary crashes into the back of the truck. Julian, the driver of the truck had stopped in order to read a text on his phone. The crash causes the back doors of Julian's truck to spring open and several cans of paint fall out of the truck. One of the cans bounces off the pavement and hits the windshield of another car, driven by a woman named Sally. The impact causes the lid to come off the can and red paint splatters all over Sally's front windshield. This causes Sally to lose control of her car and hit a power line pole. The power line pole falls down and sparks from the broken line ignites a grass fire. The fire spreads to a shed used to store fireworks. The shed explodes and a piece of the roof strikes and injures Dexter, who is outside working in his yard. Dexter's neighbor, Nick, walks by and Dexter says to him, "Hey can you help me - l'm badly injured". Nick ignores him, and keeps on walking. Meanwhile, Hillary gets out of her car and runs over to Julian to see if he is okay. Julian screams at her, "You are a jerk! Look what you did to my truck". Hillary replies, "Fine - if you want to be nasty, I am going back to my car". Hillary turns away from Julian and starts walking to her car. Julian then hurls his car keys at her, hitting Hillary in the back of the head. Hillary suffers from a very rare skull condition. The slightest tap on the back of her head will cause her head to crack open. An ambulance arrives at the scene and transports Hillary to the hospital. A doctor at the hospital immediately performs surgery on Hillary's head. Hillary has to stay in the hospital for six months and her medical bills amount to $1,000,000 due to her rare skull condition. If Hillary had a normal skull, her medical expenses would have amounted to about $2 (the cost of a bandage). If Hillary files a defamation claim against Julian for calling her a jerk: a. she will win as long as someone else heard Julian's statement. b. she will win as long as she is not a public figure. c. she will lose. d. she will lose ONLY if she cannot prove that a reasonable person would be offended by Julian's statement. QUESTION 2 If Hillary sues Julian for both assault and battery she will likely: a. lose on both claims. b. win on both claims. c. win on the assault claim but lose on the battery claim. d. win on the battery claim but lose on the assault claim. QUESTION 3 If Hillary sues julian for her head injury and wins, she will only be able to recover the amount of damages a "reasonable person" would have incurred under the "reasonable person" theory, e.g.. $2 not $1,000,000. a. true. b. false. QUESTION 4 Assume Julian files a negligence lawsuit against Hillary for crashing into his truck. Julian's damages are $100,000. Assume the jury finds that Julian is 20% responsible for the crash, Hillary is 80% responsible, and that the state they are in uses a comparative negligence standard. This means that if Julian wins his case, he will recover: a. $20,000. b. $100,000. c. Zero. d. $80,000. e. None of the above. QUESTION 5 Assume Dexter files a negligence lawsuit against Hillary for his injuries. If Dexter loses it will because he was not able to satisfy the: a. cause-in-fact requirement. b. the proximate cause requirement. c. the duty of care requirement. d. both the cause-in-fact and proximate cause requirements