3. Carlos signs up for membership at a local health club. After receiving training from the health club staff, Carlos regularly visits the club. One day, Carlos let the weight down too fast on a weight machine. The impact damaged a weight and sent it onto Carlos's foot, breaking a toe. Carlos plans to sue the manufacturer of the equipment. Will the manufacturer be found liable? Why or why not?

5. The temperature gauge on the dashboard of Li's car indicates that the engine is too hot. Li can see steam coming from under the hood. Pulling over to the side of the road, Li opens the hood and sees tendrils of steam rising from where the cap is joined to the radiator. Using napkins to remove the cap, Li is hit in the face by the cap when Li twists it open. Li sues the cap manufacturer on the grounds that it failed to warn that removing the radiator cap after the car's engine is running could lead to injury from the sudden release of pressure built up in the radiator. Will the manufacturer face liability in damages?

1. At a physician's office, an assistant reviews a patient's chart and discovers a chart entry, made in error, referring to a disease the patient has. The patient is a classmate of the assistant's child. The assistant warns her child to use cau-tion when around the patient; soon, everyone is avoiding the patient. If the patient sues the physician for having disclosed confidential information and so, held the patient up to ridicule, would the physician win on a motion to dismiss the claim because the actions of the assistant were completely under-taken by the assistant and the physician had no role in the disclosure of the information?

3. Willy is a door-to-door salesman. He gets paid only if he makes a sale. Willy is given a sample case of the products to carry around. The provider of the sam-ple case does not tell Willy when to start or to stop work but asks that Willy work only on the north side of the big city. One hot, long, frustrating day, Willy travels to the south side of town and on a highway overpass, flings the sample case onto a highway. A car hits the sample case on the roadway and its driver is injured. In response to a suit brought by the injured driver against the provider of the samples case, the provider files a motion for summary judgment, on the grounds that as a matter of law, Willy was on a frolic. In the alternative, the provider says that Willy was an independent contractor. Would a court grant summary judgment for the provider on either defense? Why or why not?

5. Plato volunteers to be a leader to a small group of boys in their early teens. This group is part of a large nonprofit organization that encourages the forma-tion of such groups to teach boys about the wilderness and developing sur-vival skills and a sense of consequence and responsibility for one's actions. On a camping trip, one boy stabs another out of anger, and the victim dies. The victim's family sues the large nonprofit organization because Plato was serving its interests at the time of the stabbing and, so, should be liable for any dam-ages that happened on a camping trip. Make a case why the large nonprofit organization will prevail at trial. Then offer up an explanation, consistent with the material in this course, to explain why the large nonprofit organiza-tion should bear some of the financial responsibility for the death of the boy.

7. Nia was looking for a passenger to share the cost of gas when driving home for winter break from college. Taylor learned of this and agreed to travel with Nia, splitting the cost of gasoline. During the trip home, an accident happens and Nia's car hits a pedestrian. Could the pedestrian sue Taylor as well as Nia, because they were on a joint enterprise? Why or why not?