EMGT 652 SAMPLE TEST QUESTION

Two twelve year old children are playing at one child's home when they find that the parents have accidently left unlocked the cabinet in which a loaded gun is kept. One child carefully shows the other how the clip is removed, making the gun "safe." He demonstrates by pointing the gun at his friend and pulling the trigger. The bullet in the chamber (not in the clip) severely injures his friend.

Using the Common Law only (do not consider either Constitutional nor Statutory issues):

(1) Prepare an argument for the court on why the gun's manufacturer should be held responsible for a "defectively designed product."

(2) Prepare an argument for the court on why the gun's manufacturer should not be held responsible for a "defectively designed product."