"Bob is driving his car down the street when he sees Sally, his ex wife, driving in the opposite direction. Bob, who is in bitter divorce proceedings with her, swerves his car towards her at high speed and at the last second swerves back into his own lane. Sally in an attempt to avert the collision, pulls her car sharply to the right, loses control and enters Alex's front yard smashing into a tree. The fire department has to cut up the tree in order to free Sally from the car. She suffers a nervous breakdown and other physical injuries."Discuss all parties' liability.What (main and small) issues would you write about???
Hmmm...we did not cover assault, only battery. We did not cover emotional distress either.I see your points Dean Prosser. My eyes are now open. Do you think it would be helpful to make a checklist and just run down the checklist during the exam...checking to see if anything applies?
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