Bar Exam (US) Torts: Dickie “Mulehorse” Nixon was the star fullback for Whittier College footbal...

Question

Dickie "Mulehorse" Nixon was the star fullback for Whittier College football team. After missing two practices, Nixon was "dropped" from the team by Archie Cox, the head football coach. Following his dismissal, Nixon met with Cox and asked if he could rejoin the team. Cox told Nixon that he was despised by the other players and under no circumstances could he return to the team. As Nixon was leaving Cox's office very dejected, the coach then said to him, "Hope you decide to transfer, Mulehorse, everybody hates your guts around here".

Later that same evening, Nixon wrote a suicide note in which he stated, "Coach Cox is responsible for my despondency. If I can't play football for Whittier, I don't want to live." After swallowing a bottle of Quaalude barbiturates, Nixon fell unconscious in his dormitory room. Moments later, Pat Checkers, Nixon's roommate, entered the room and saw his limp body on the floor. Checkers read the suicide note and then attempted to administer aid. Failing to revive him, Checkers picked up Nixon and carried him to the college's first aid center. Nixon received prompt medical attention and soon recovered from his drug overdose. Checkers, however, was less fortunate. He suffered a hernia caused by carrying Nixon's 210 pound body across the campus grounds.

If Checkers asserts a claim against Nixon to recover damages for his injuries, will he prevail?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    No, because Nixon did not intend to harm anyone other than himself.
  2. B
    Correct Answer
    No, unless attempted suicide was a criminal offense in the jurisdiction.
  3. C
    Correct Answer
    Yes, because Nixon intentionally put himself in a position of peril.
  4. D
    Correct Answer
    Yes, because he succeeded in saving Nixon's life.
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