1. D installed water mains with fire plugs in the street, the plug sprung a leak during a severe frost, the water main was forced out by the expansion of freezing water, a large quantity of water escaped into P's house, causing damage. The apparatus had been laid down 25 years ago, and had worked well during the past time. Is D liable for P on negligence? 2. While D driving the truck, P and another passenger sat with D, the passenger unexpectedly grabbed the steering wheel causing the truck to veer off into the shoulder of the road. Even D knew the passenger's conduct, D did not stop it. The passenger again yanked the steering wheel, causing D's truck to leave the road way and strike a tree, P was injured as a result of the collision. If you were P's attorney, how can you sue D on negligence? 3. P, a child 4 years old, found the turnable maintained by D, unlocked and unguarded, P played on it, and the foot was caught between the railed and severed at the ankle joint, causing injury. Why D should be liable for P's injury? 4. What are the elements necessary to the negligent cause of action? Explain Judge Learned Hand's negligence liability depends upon whether B is less than PL. 5. D put the rick(草堆) near P's house, D was repeatedly warned the probability of fire, and advised to take the rick down to avoid all danger. But D said "he would chance it." And did not take it down. Thereafer P's house was destroyed by the fire from D's rick. P sue D for negligence, can D argue that he had acted honestly and bona fide to the best his own judgment? 6. Can the evidence of custom and usage by others engaged in the same business be sued for the standard of negligence? 7. Why the law would impose the different standard for negligence to one who was suddenly confronted with unusual emergency? 8. Why a child engaged in the operation of a motorized vehicle should be held to an adult standard on negligence? 9. What are the general rules of law governing actions of medical malpractices ? 10. Why a physician has a duty to disclose the medical risk and alternatives of proposed treatment to his patient? What are the exceptions to the said disclosure? 11. What is the physician's fiduciary duty to the patient? 12. While P was walking on the street, a barrel of flour fell from a window above in D's shop, and knocked P down. P lost all recollection and saw nothing to warn him of danger. P could not present any direct evidence of negligence on D. If P ask you for his attorney, how could you win the case ? 13. Why the doctrine of Res ipsa loquitur applies to the spare tire escaping from the cradle underneath the D's truck, resulting in the tire ultimately becoming airborne and crashing into P's vehicle? 14. D, a physician, administered the anesthetic(麻醉) and P lost consciousness . When P awake, he left a sharp pain on the right shoulder. The evidence indicated that P's shoulder injury was caused during the course of the surgical operation conducted by a group of medical personal including the different physicians and nurse. But there was no showing that act of any particular D, nor any particular instrumentality, was the cause thereof. How could P win the case? 15. What are the different procedural effects of Res ipsa loquitur? *16. P maintains an action of medical negligence of D as a result of failure to timely diagnose lung cancer, where P can only show probable reduction his chances of survival by 14 percent. D defends P must prove there is at least a 51 percent chance of survival. Who wins? *老师说这个case没有详细教，所以不用作答。 --

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