which negligence defense applies, if any and discuss the definitions of each defense and argue why or why not it applies. 2. Farabee St. Claire owns an ice-skating rink. Charles and Martha Samuelson visited the rink on their 10th wedding anniversary. Charles had not skated since high school (I5 years earlier), but Martha often went skating at the rink. Because of a broken thermostat, one comer of the ice thawed and a small puddle formed. As Charles skated through the water, he slipped and fell to the ice, breaking his right arm. Martha, who was skating close behind, collided with Charles and also fell to the ice, suffering a concussion. Martha was a talented skater and could have avoided Charles by leaping over his body, but she did not think to do so in her surprise and confusion under the cir-cumstances. 3. The Happy Hollow Mental Hospital houses many emotionally disturbed individuals. One patient, Marjorie Magpie, a convicted arsonist, escaped from her maximum security room. No guards were on duty in that part of the hospital, and an attendant had left Marjorie's door unlocked. As Marjorie wandered out of a wooded area onto a highway, she hitchhiked a ride from Pamela Sweetbird, who was driving back to the university at which she worked. Pamela noticed that Marjorie was dressed in a hospital gown and blue jeans, but Marjorie explained that she was a medical student at the university and often wore these gowns, because they were comfortable. Pamela dropped Marjorie off at a bus stop located only a few hundred yards from Pamela's home. Marjorie saw Pamela stop at the house and then drive away again. Later that day, Pamela's house burned down. Police arrested Marjorie for having set the fire. 4. Beth Sageveil is an accountant. Pavel Rubenstein is one of her clients. Beth completed Pavel's federal and state tax returns from 1991. Beth made a critical addition error, however, and as a result, Pavel underpaid his taxes. Both the Internal Revenue Service and the State Department of Revenue assessed hefty penalties against Pavel for the underpayment. Pavel had signed the returns without reading them, although the instructions on each return clearly advised the taxpayer to read carefully through the returns to verify their accuracy, even if a professional tax preparer had been used. 5. Malt Finchley owns a sporting-goods store. Abraham Waite came in to buy a new shotgun. One of Malt's employees, Saul Demure, handed Abraham a shotgun which, unbeknownst to Saul or Abraham, was loaded. Neither Saul nor Abraham checked the gun to see if it was loaded. The trigger, however, had a keyed lock that prevented it from being pulled. Abraham asked that the lock be removed so that he could feel the trigger's sensitivity. Saul opened the lock and Abraham tested the trigger. The gun discharged, shooting another customer, Toby Benchsmith, in the stomach. Toby saw Abraham aim the gun in his general direction. Instead of stepping aside, Toby jokingly shouted, "Hey, don't shoot me, I'm on your side