課程名稱︰英美侵權行為法 課程性質︰法學組必修 課程教師︰葉俊榮 教授 開課學院：法律學院 開課系所︰法律學系 考試日期（年月日）︰2015/06/22 考試時限（分鐘）：110 mins 試題 : ★Please note, you should answer all questions with respective weighting. Citing cases, while not required, is highly recommended. You may refer to class assignments, notes, dictionaries or any material you deemed helpful. Discussion or any form of exchanging ideas, however, is not allowed. I. Question One(40%) A. In the assignment of tort liabilities, even the common law courts often refer to the compliance or noncompliance with statutory regulations in labor, environment, food safety, traffic safety, etc. Please identify these cases and explain the relationship between negligence and statutory noncompliance embedded therein. B. In the landmark case Palsgraf v. Long Island Railroad, Co., Judge Cardozo argued that negligence should be identified in relational terms, while Judge Andrews, in his famous dissenting opinion, proclaimed a very different reading of causation. He said: "What we do mean by the word 'proximate' is, that because of convenience, of public policy, of a rough sense of justice, the law arbitrarily declines to trace a series of events beyond a certain point. This is not logic. It is practical politics." Please comment on both view. II. Question Two(30%) Among the cases that we covered this semester some dealt with issue of identifying multiple defendants in the courts. Ybarra v. Spangrad and Sindell v. Abbott Laboratories are two cases along the line. Please compare and analyze how these two courts dealt with the multiple-defendant issue. III. Question Three(30%) The bubble tea cup still print your name [Sara or Albert] Tan. "Why they always ask your name when you place your order? But why I gave them my real name anyway!" In this steaming June heat even with this icy drink you could not cool off and get the work done. "How am I gonna do with the memo!" "The only clue is to get inspiration from Professor Yeh's Tort Law course that I took years ago." Indeed, it has been a long while since you moved from Taipei to Hong Kong to join Potter, Brown and Winkler, a major law firm based in New York, on the completion of your law studies at NTU. Nicole Douglas, the super boss sitting upstairs, has been extremely helpful as a mentor in this firm since the first day of work here. "Oh, Nicole, I can't let you down. I sure will write a convincing memo for you." What you have in mind now is still a bit sketchy. But these victims, who almost go blind, are not going uncompensated, you hope. They were children under a worldwide vaccination program by the name of ProDue some ten years ago intended to fight against MERS, a lethal virus developed from Middle East but soon spread to Korea and then most parts of East Asia. Right now, the victims identified are all college students now, in their early 20s. Nobody knows what kind of victims groups will emeger as people received ProDue vaccination in different ages. They even have no idea right now whom these victims should sue! It is well established that the number of the manufacturers of the ProDue are somewhere between 150 and 180. School health officials of the vaccinated children were only given a note indicating the following: ☆ National vaccination program ProDue directed to fighting virus MERS was tested to have a light chance of causing visual complications when certain conditions are met. This weakened virus could have stayed in the tissue and turned active after some 12 years of "sleep" when other internal or environmental conditions ar emet. Smoking, taking oral contraceptives and frequent sex are believed to be contributing factors to the problem. Nicole Douglas is thinking about the strategy of taking up this case to New York court. She knows that you have learned Anglo-American Torts at National Taiwan University from Professor Yeh. Lots of cases covered in the class could lead to a better assessment of this suit. You know some of the manufacturing companies would try their best to buy themselves out of the possible lawsuits. And that's why Nicole Douglas directed you to do some preliminary legal analysis in a memo due to be on her table next Monday. ★ HAVE A GREAT SUMMER VACATION!!!!! --

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