How to Ace FYLSE/June 2008 Exam

Introduction

• June 2008

Torts

Outline

a. Paul (P) v. Charlie (C) NEGLIGENCE DUTY BREACH OF DUTY CAUSATION Actual Cause Proximate Cause DAMAGES DEFENSES Contributory Negligence Comparative Negligence Assumption of Risk b. PAUL (P) v. KIDDIERIDES-R-US (K) PRODUCTS LIABILITY STRICT LIABILITY i) the defendant is a commercial supplier (manufacturer, distributor, wholesaler, retailer, and similar parties in the commercial supply chain of the product). A casual seller would not suffice; ii) the product is defective when it left the control of the defendant; iii) the product was not expected to and in fact did not experience substantial alteration; iv) no privity (contractual relationship) is required; the defendant is liable for the buyer, user, and bystander who suffered injury caused by the defect; v) the defendant is expected to anticipate foreseeable misuse by the product’s user. Defective Product Damages Discussed supra (P v. C) Defenses Contributory negligence NEGLIGENCE BREACH OF WARRANTY AND MISREPRESENTATION express warranty implied warranty of merchantability (suitable for the ordinary purpose of its use), or when misrepresentation

Criminal Law

Outline

P v. D assault battery

State v. D1

• Solicitation to commit robbery

merged with target crime

• Conspiracy to commit robbery

Wharton Rule

• Aggravated Assault

merged with target crime

• Aggravated Battery

merged with target crime

• Attempted murder

State v. D2

• Conspiracy to commit robbery

Pinkerton Rule

Wharton Rule

• Accomplice liability
• Robbery
• Aggravated Assault

merged with target crime

• Aggravated Battery

merged with target crime

• Attempted murder

State v. D3

• Conspiracy to commit robbery

Pinkerton Rule

Wharton Rule

• Accomplice liability
• Aggravated Assault

merged with target crime

• Aggravated Battery

merged with target crime

• Attempted murder

• Defenses

voluntary intoxication

duress