课程名称︰英美侵权行为法
课程性质︰法学组必修
课程教师︰叶俊荣 教授
开课学院：法律学院
开课系所︰法律学系
考试日期（年月日）︰2015/06/22
考试时限（分钟）：110 mins
试题 :
★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!!!!!