The following facts will be used in questions 7-9. Donald ow…
The following facts will be used in questions 7-9. Donald owns and maintains an athletic filed where the local little league baseball teams and the little tiger football teams play their games. The athletic field abuts on one side a private road leading to a number of houses, including the house of Paula. It is the usual custom of homeowners along that road to charge those coming to the games to park cars along the road. The homeowners on the private road also rent out areas where those parking along the road can place chairs to view the games from. Before the Saturday afternoon football game on November 1, Donald, in order to prevent the custom of the homeowners along the private road from depriving him of his admission fees, placed removable spiked barriers across the driveway leading to the homes and did not remove them after the game. That evening, Elmo removed the barriers from the driveway and carefully placed them alongside the sidewalk. Elmo obviously took this action in order to make it possible for him to use the driveway as a means of reaching Paula’s house. Thereafter, Bert, who was lawfully using the sidewalk along the road, accidentally tripped over one of the barriers in the dark. Bert fell to the ground and landed on another one of the spiked barriers that caused him injury. Donald’s action in placing and failing to remove the spiked barriers from across the driveway may be best described as:
Read DetailsThe following facts will be used in questions 27-29. On Marc…
The following facts will be used in questions 27-29. On March 29, 1990, Pamela underwent abdominal surgery at Hospital. The surgery was performed by Doctor, a staff surgeon at Hospital. Pamela paid the hospital bill in total. No part of the bill was directly received by Doctor. Pamela was last examined on July 20, 1990 in the hospital’s outpatient clinic. In early April, 2000, it was discovered that metallic forceps and a nonabsorbent sponge were present in Pamela’s abdomen. The applicable statute of limitations is 10 years. In a civil action by Pamela against Hospital, Pamela will rely principally on the doctrine of:
Read DetailsThe following facts will be used in questions 4-6. Dobbin ow…
The following facts will be used in questions 4-6. Dobbin owned and resided at 123 Elm Street, Anytown, Anywhere. Dobbin purchased the land from Roberts 10 years prior. Prior to the sale of the land to Dobbin, Roberts had heaped piles of earth on the land. The earth was mixed with sand, rocks and glass. The children from the neighborhood had played games on the earthen mound for many years including cops and robbers, cowboys and Indians, and king of the mountain. The children in the area continued to play these games on the earthen mound after Dobbin had purchased the land from Roberts. One weekend morning while Dobbin was away, the children were playing cowboys and Indians. Peter, a local boy, playing an Indian ran up the mound and threw a dirt clod back at Paul who was playing a cowboy. There was glass in the clod. The clod missed Paul when he ducked but struck Dan in the face. The glass in the clod caused injury to one of Dan’s eyes. In a civil suit brought by the parents of Paul, against Peter, the plaintiffs likely have a cause for:
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