不是特别难，但也不是特别简单。 我来贴一道去年的考试题吧，说实话，上面明尼苏达的那个帖子里，一堆人对责任吵架，其实如果把这道题弄明白，会有一定的帮助的。 在这个case里，有一个很倒霉的Penny. 人在街边走，祸从天上来 QUESTION 1 Mel was late for an important meeting with his supervisor one evening and was driving at least 35 miles an hour on a residential road. The posted speed limit on this road was 30 miles per hour. As Mel rounded a curve in the road, Nigel suddenly backed out of his driveway in front of Mel. Mel’s headlights were on, and his lights would have been visible if a driver had looked carefully. To avoid hitting Nigel’s car, Mel both braked hard and turned into the center of the street, crossing a yellow (no passing) line and partially entering the lane of oncoming traffic. Even if he had been going substantially slower, he would have had to take these actions to avoid hitting Nigel. Otto was driving towards Mel while adjusting his car radio. As a result, Otto did not see Mel in time. Had he been attentive, he likely could have avoided an accident. Instead, the two cars collided, left the road, and plowed into Penny who was walking on the sidewalk. Nigel’s car was not touched. Penny was seriously injured. 1. What claim or claims can Penny reasonably raise against Mel; what arguments can Mel reasonably make; and what is the likely outcome? Discuss. 2. What claim or claims can Penny reasonably raise against Otto; what arguments can Otto reasonably make; and what is the likely outcome? Discuss. 3. What claim or claims can Penny reasonably raise against Nigel; what arguments can Nigel reasonably make; and what is the likely outcome? Discuss.
不是特别难，但也不是特别简单。
我来贴一道去年的考试题吧，说实话，上面明尼苏达的那个帖子里，一堆人对责任吵架，其实如果把这道题弄明白，会有一定的帮助的。
在这个case里，有一个很倒霉的Penny. 人在街边走，祸从天上来
QUESTION 1
Mel was late for an important meeting with his supervisor one evening and was driving at least 35 miles an hour on a residential road. The posted speed limit on this road was 30 miles per hour.
As Mel rounded a curve in the road, Nigel suddenly backed out of his driveway in front of Mel. Mel’s headlights were on, and his lights would have been visible if a driver had looked carefully. To avoid hitting Nigel’s car, Mel both braked hard and turned into the center of the street, crossing a yellow (no passing) line and partially entering the lane of oncoming traffic. Even if he had been going substantially slower, he would have had to take these actions to avoid hitting Nigel.
Otto was driving towards Mel while adjusting his car radio. As a result, Otto did not see Mel in time. Had he been attentive, he likely could have avoided an accident. Instead, the two cars collided, left the road, and plowed into Penny who was walking on the sidewalk. Nigel’s car was not touched. Penny was seriously injured.
1. What claim or claims can Penny reasonably raise against Mel; what arguments can Mel reasonably make; and what is the likely outcome? Discuss.
2. What claim or claims can Penny reasonably raise against Otto; what arguments can Otto reasonably make; and what is the likely outcome? Discuss.
3. What claim or claims can Penny reasonably raise against Nigel; what arguments can Nigel reasonably make; and what is the likely outcome? Discuss.
Lol 我只想说penny真的好倒霉啊啊啊