Torts Professor Baez

I attest that my examination answers entirely reflect my own work in accordance with the conduct policies of the Charlotte School of
Law and the rules of this examination. I further attest that I have neither given nor received improper aid on this examination in
violation of those policies and rules. I will return all materials at the end of this exam.

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This exam has 21 pages, including this cover sheet. You will have 2.5 hours to complete this exam.

1. EXAM LAYOUT:

PART I: MULTIPLE-CHOICE: Part I consists of 30 multiple-choice questions equally weighted. This portion of the
exam is worth 325 points. Multiple-choice must be answered in ExamSoft. Credit will not be given for answers
not marked in ExamSoft.
PART II: ESSAY: Part II consists of 2 essay questions equally weighted. This portion of the exam is worth 325
points. Essay questions can be annotated in ExamSoft or the bluebook.

2. SECURITY AND AUTHORIZED MATERIALS: Check correct box below

This is a CLOSED book/note exam.
This is an OPEN or MODIFIED-OPEN book/note exam. Authorized materials are listed below and
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3. ADDITIONAL INSTRUCTIONS FROM THE PROFESSOR: Check correct box below

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Make sure you have all the pages before beginning the exam.

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Fall 2015 Final Examination Page 1

Torts Professor Baez

PART II: ESSAY

1. The State of North Carolina has enacted the following statute:

Chicken farmers with more than 2,000 chickens shall provide running water in their
chicken houses on days when the temperature exceeds 90 degrees Fahrenheit.
Violation of this statute will result in a Class 6 Misdemeanor.

Farmer is located in Stanly, North Carolina, where he has two chicken houses with about
3,000 chickens in each chicken house. Each of his chicken houses is equipped with running
water and a temperature gauge that turns on the running water when the temperature gets
to 90 degrees Fahrenheit.

Joan is opposed to large poultry operations and decides to go out into the country to free the
oppressed chickens. She sees Farmer’s chicken houses from the road, where she parks her
car. She enters Farmer’s land and walks towards the chicken houses. She notices that one of
the doors to a chicken house is propped open, so she goes inside and shuts the door behind
her. She did not know that the door was propped because the lock was broken, so she
became trapped inside. It was 95 degrees outside and even hotter inside, but the water
device was broken. Joan quickly became dehydrated, though she would have been fine if the
water device was working. Farmer found Joan and 3,000 chickens dead in the house that
evening.

Joan’s husband is emotionally broken by this event and is unable to work. Also, Joan and her
husband regularly travelled around the country, but now husband refuses to leave his home.

Discuss all issues reasonably related to a civil lawsuit against Farmer, including possible
defenses. Do not discuss any intentional torts.

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Torts Professor Baez
32. David works for XYZ, Inc., where he is in charge of buying and selling real estate for the
company. One parcel in David’s inventory was a practice bombing range during World War II.
David has been told to sell the land, no matter what he has to do to get rid of it, since they
don’t want to have to deal with unexploded bombs.

Buyer approaches David, because he is interested in purchasing the land. Buyer tells David
that he knows the land was owned by the U.S. Military in the past and asks if David knows
what the land was used for. David tells Buyer that the land was used as pasture for cows
owned by the military.

Buyer agrees to purchase the land for $1,000,000 and shortly after the sale discovers that the
land was used as a bombing range. Buyer immediately sells the land to someone else for
$1,000,000

Fully discuss all issues related to a lawsuit that Buyer might be able to bring.

Fall 2015 Final Examination Page 3