Torts II Exam: Analyzing Potential Tort Causes of Action for Ms. Mzambe and Nadya, Exams of Law of Torts

Download Torts II Exam: Analyzing Potential Tort Causes of Action for Ms. Mzambe and Nadya and more Exams Law of Torts in PDF only on Docsity! EXAM # Final Examination Torts II Professor Lumsden Spring 2010 1. You have three (3) hours to complete this exam. 2. This is a closed book exam. 3. This exam consists of two parts, worth a total of 300 (three hundred) points. ° Part I consists of two (2) Essay Questions. Each Essay Question is worth 100 (one hundred) points. Please allocate your time accordingly. Please write your response in the blue books provided, or type your response. Please write clearly. Write on every other line and every other page to permit instructor comments, if you are handwriting your exam. ° Part II consists of 25 multiple-choice questions. Part II is worth 100 (one hundred) points. Please allocate your time accordingly. Please mark your responses to the multiple choice questions on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer. 4. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST FORM.” Do not use your name, student ID number or Social Security Number on any exam materials. 5. At the conclusion of the exam, return all test materials, including blue books, ParScore answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded. GOOD LUCK! Lumsden: Torts II, Final, Spring 2010 Page 1 of 19 EXAM # PART I ESSAY QUESTION ONE (Suggested time: 1 hour) Oprah Winters is a famous media mogul. As a daytime talk show host, Ms. Winters has become one of television’s most influential figures. Her show is watched by millions of viewers around the world. Although shunning the spotlight in her private life, Ms. Winters occasionally uses her fame to promote charitable causes. Just having her name attached to a project has proved valuable to non-profit organizations. Ms. Winters is scaling back her show in order to further pursue her philanthropic goals. Turning her attention to the impoverished state of West Carolina, Ms. Winters has decided to open a boarding school for adolescent girls. In September 2009, the “Winters School of Excellence” opened its doors to 350 female students. Ms. Winters traveled to West Carolina for the opening ceremonies and the dedication of the school. She hired a team of teachers and administrators to manage the school. Local community members remarked that the opening of the school signaled a new era of hope and prosperity for the young women of West Carolina. After six months of being open, news began to leak of problems at the school. Local newspapers hinted at allegations of abuse voiced by some of the younger students. After conducting private interviews with some of the students, Ms. Winters became suspicious of the headmistress of the school, Ms. Lerana Mzambe. Several of the parents stated in no uncertain terms that their children had been molested while in the care of Ms. Mzambe. Appalled by the allegations, Ms. Winters suspended, then fired Ms. Mzambe. The scandal has rocked the small community, and as a result of her association with the school, Ms. Winters’s reputation is suffering. Based on advice from her PR team, Ms. Winters issued a public statement in response to the scandal. The statement, published as part of a full-page ad in The New York Times, states: “I am shocked and deeply saddened by the allegations of abuse at the Winters School of Excellence. I will do my part to make sure that any person that has caused harm to students of the school will be brought to justice. Ms. Mzambe was fired because I lost confidence in her ability to run the school. I believed that she would care as much for these girls as I do myself. I’m sorry I was let down.” Ms. Mzambe has not officially been charged with any crime and was outraged upon reading the statement. Since its publication, reporters from an international-based tabloid, News of the World, have traveled to West Carolina. Recently, Ms. Mzambe caught one of the reporters in her backyard attempting to take pictures of her and her family through the window. Grainy pictures of Ms. Mzambe appeared the next day on the front page of the paper. Since Ms. Winters’s statement was issued, Ms. Mzambe has been unable to secure other employment and has become a pariah in her community. She feels that she is now a symbol of national disgrace. Ms. Mzambe is considering her legal options. Lumsden: Torts II, Final, Spring 2010 Page 2 of 19