Bobby just turned 10. For his birthday, Bobby’s parents buy him a new football (or oval ball). Bobby is excited to play with his new football with his friend, Cain, who lives next door. Bobby’s parents instruct him, however, to only play with the ball in the fenced backyard. Bobby runs over to Cain’s house and asks if Cain wants to play. Cain agrees. Bobby and Cain walk back over to Bobby’s property. Bobby is so excited that he decides he has to show Cain immediately how far his new football can fly. He tells Cain to run down the street. Bobby then kicks the football with all his might. The football sails over Cain’s head and hits Felicity, an elderly woman watering the plants in her front yard, in the face. Felicity falls over and breaks her hip. Felicity brings a negligence claim against Bobby’s parents. 

Which of the following statements is MOST LIKELY correct? 

Driver A is speeding and hits pedestrian B. B sustains a broken left leg. B is rushed to the hospital for surgery. A surgeon, C, makes a mistake and, as a result, B's left leg is amputated. B sues Driver A and surgeon C in negligence. Assume that a trial judge: (1) finds Driver A and surgeon C liable to B for the amputated left leg; and (2) apportions responsibility equally between Driver A and surgeon C. 

Which of the following statements IS correct? 

Driver A is speeding and hits pedestrian B who is jay-walking (ie crossing the intersection without the walk sign). B suffers a broken leg. B is treated at the hospital but requires regular rehabilitation sessions for his broken leg with a rehabilitation therapist. During one of these sessions, B is sexually assaulted by the rehabilitation therapist.  

Which of the following statements is LEAST likely correct? 

Company A is renovating a commercial building on Chapel Street in Prahran, Victoria. The work is expected to take several months. Company A uses a small forklift to deliver building materials from the street to the first floor of the commercial building. B is blind and walking on the footpath beside the construction site as the forklift is making a delivery. A box of materials falls off the forklift and hits B in the head. B is severely injured. Which of the following precautions would a reasonable company have taken in the circumstances? 

Which of the following interests does the tort of battery protect in this scenario? 

Assuming El is liable in battery, what type(s) of damages is a court most likely to award Finn?

On a particularly windy day, farmer A decides to spray his crops with an insecticide called 'Bugs-B-Gone.' Some of the insecticide is blown by the wind towards B's property. B, unaware of A's spraying, is sleeping in his backyard on a hammock and is exposed to the insecticide. The next day, B wakes up with a severe rash. Assume B sues A in battery and B's rash was caused by exposure to 'Bugs-B-Gone'. Which of the following cases would be most helpful to A to avoid liability in battery? 

At trial, El argues that she deliberately pushed Finn because she was provoked by his insult. El’s argument is best characterised as:

At trial, El argues that throwing a pie at a rival fan at a footy game does not meet the legal test for 'offensive' physical contact. El's argument is best characterised as: 

Which of the following statements is most correct?