It's here! Your first essay of the week for SIU's bar program. Please read and follow the directions below.
ESSAY DUE DATE: This essay will be due on FRIDAY - January 9TH.
DELIVERING THE ESSAY TO ME: You may certainly email it to me at tjohnson@siu.edu. If you write, you may scan and email it to me or you may fax it to me at 618 435 3317.
WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.
INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, I may have a question about the work you have turned in. Having your contact information helps me to easily get a hold of you if we have any questions about your essay.
ESSAY
BARBRI– PAGE 11 (under TORTS in “Illinois Essay Testing” book)
KAPLAN– PAGE 2 (in “Illinois Essays” book)
THEMIS– Please locate the Feb 2008 TORTS essay in your materials. If it is not available, you may choose any TORTS essay in your materials (please indicate what year the essay was given or supply the question and answer for review) or do the one set out below.
These page numbers are approximate and may have changed. If these page numbers do not correlate with your materials, look specifically for the February 2008 essay in your materials or at NCBEX.ORG so that you can review the answer after you have completed the essay.
FEB 2008 TORTS ESSAY
Last month, Paul attended a fund-raising lunch at Library, where he purchased and ate a chicken salad sandwich. Later that day, he became severely ill and was diagnosed with food poisoning. As a result of the food poisoning, Paul developed a permanent digestive disorder.
Several other people also became sick after eating lunch, and the Health Department determined that the chicken salad was contaminated with salmonella bacteria. According to the Health Department, raw chicken often contains salmonella bacteria. Although the risk of salmonella contamination cannot be eliminated, proper preparation and cooking can ensure that the chicken is safe for eating. The chicken must be thoroughly cooked, and all utensils or surfaces that come in contact with raw chicken must be thoroughly cleaned with hot water and soap before further use.
The Reading Club had initiated and planned the Library’s first and only fund-raising lunch. Ann, Bill, and Chuck independently volunteered to make the chicken salad. Each made a separate batch of salad, using their own recipes and working individually at their own homes. Another volunteer combined the three batches of salad at Library, and a Library employee sold sandwiches at the lunch. All lunch profits went to Library.
Ann, Bill, and Chuck each purchased their chicken from Supermarket. The chicken was contained in packages labeled with a prominent warning describing the risk of salmonella contamination and the precautions necessary to avoid that risk.
A Health Department spokesperson has said that “Someone who made the chicken salad did not take proper precautions.” Ann, Bill, and Chuck all claim they took the proper precautions.
Paul has consulted an attorney about bringing a tort action against: (1) Library, (2) Supermarket, and (3) Ann, Bill, and Chuck. If Paul can prove only the facts outlined above:
1. Can Library be found liable to Paul under a strict liability theory? Explain.
2. Can Supermarket be found liable to Paul under a strict liability theory? Explain.
3. Can Ann, Bill, and Chuck be found liable to Paul under either a strict liability or negligence theory? Explain.