Download Torts II Exam: Analyzing Negligence Action against Landlord and more Exams Law of Torts in PDF only on Docsity! COPY # ______ EXAM # ______________ SECTION _____ CREIGHTON UNIVERSITY SCHOOL OF LAW TORTS II SPRING SEMESTER EXAMINATION Professor White Wednesday, April 28, 1999 INSTRUCTIONS: THIS IS A TWO-HOUR CLOSED BOOK EXAMINATION. BOOKS, STUDY NOTES, PAPERS, OUTLINES, OR ANY OTHER MATERIALS ARE NOT PERMITTED IN THE EXAMINATION ROOM. THIS EXAM CONSISTS OF ONE ESSAY QUESTION AND EIGHTEEN (18) MULTIPLE CHOICE QUESTIONS. I RECOMMEND THAT YOU USE 90 MINUTES FOR THE ESSAY QUESTION AND 30 MINUTES FOR THE MULTIPLE CHOICE QUESTIONS. INSTRUCTIONS FOR THE MULTIPLE CHOICE PORTION APPEAR IMMEDIATELY BEFORE THE MULTIPLE CHOICE QUESTIONS. PLACE YOUR EXAM NUMBER, SECTION, PROFESSOR'S NAME AND COURSE TITLE ON EACH BLUE BOOK. IF YOU WRITE MORE THAN ONE BOOK, NUMBER THE BOOKS, e.g., 1 of 2, 2 of 2. PLEASE WRITE ON EVERY OTHER LINE OF THE BLUE BOOK. ESSAY QUESTION (90 minutes) Jon's father rented an apartment from Dora (D). Jon (J), fourteen years old, lives in the apartment with his father and his six-year-old sister, Maya. J is somewhat developmentally disabled with a subnormal IQ. J attends regular classes in public school, but, because he has been kept back twice, attends sixth grade rather than eighth grade. On March 15, the hot water heater that served J's apartment broke. The apartment was designed so that one water heater served each floor of the eight-story apartment building. Although not required by law, it is common for landlords to have yearly inspections made of older hot water heaters to ensure that rust is not getting into the water and, thus, posing possible health risk to tenants. Three years had passed since D last had the relatively old water heaters in her building inspected. Had there been a timely inspection, there is a good chance that the deteriorating condition of the water heater in issue would have been discovered so that repairs could have been made to keep the hot water heater from breaking. The required repairs cost about $500. The inspection costs $75. When the water heater broke, J's father and other tenants served by the broken hot water heater immediately called D to inform her of the problem. Despite repeated requests from J's father and other tenants, no repairs were made for three weeks. Thus, the affected tenants had no hot water available for three weeks.
