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This torts exam, given by law school dean and professor William T. Muse on May 17, 1967, begins with the question:

P asked G, his gardener to accompany P's seven-year-old son, S, to school and to keep an eye on him all the way. S and G set out, S carrying an apple in his hand. The two were passing an apple orchard en route to the school when a group of children suddenly rushed from the orchard, most of them carrying apples they had picked from the trees. They ran furiously in the direction of the school, shouting "Never catch us, Fatso." S, unaware of the theft and thinking that the group was engaged in a game, left G behind and ran to join the children, shouting the same slogan. F, a farmer who owned the apple orchard and who was known colloquially as Fatso, then emerged from the orchard on the sidewalk behind S. He pursued and caught S, seizing the hand carrying the apple and causing S to fall on the sidewalk. F held him there. G, alarmed at what he saw, arrived in time to hear F shout: "You no good kid, now you are in for it." G, who was somewhat hard of hearing, did not hear the rest of what F said: "Stealing my apples! I'll hold you here 'til I get your name, and then I will report you to the police." G hit F on the chin. F fell, and S, in a rage, started punching him. S and F suffered bruises and cuts. What, if any, are the liabilities of the parties? Why or why not?

Exam Date


T. C. Williams School of Law, University of Richmond: Torts Exam, 17 May 1967