Law for Business 12th Edition by James Barnes,Terry Dworkin,Eric Richards

تمرين 6

Scott Busch invited his ex-girlfriend, Carolyn Freeman (who was 19 at the time), and her friends, Anne Huffman and Ricci Kowalski, to his Simpson College dorm room for a party. Busch's roommate, Gene Hildreth and another friend, John Hatfield, also attended the party. All three women accepted Busch's invitation with the expectation that there would be alcohol served at the party. When Freeman became visibly intoxicated, Busch carried her to his bedroom to lie down. Eventually the others left to attend a fraternity party, leaving Freeman and Busch alone in Busch's bedroom. At some point later, Busch had a conversation with the on-duty resident assistant (R.A.), Brian Huggins. Busch informed Huggins that Freeman was his visitor; that she had consumed alcohol; and that after consuming it, she had passed out. Huggins told Busch-who knew Busch because both served as Simpson College security officers-to monitor Freeman's condition and, if the condition worsened, to report back to him. Later that evening, Busch and Freeman had sexual intercourse. After this sexual encounter, the others returned from the fraternity party to Busch's dorm room. When Hatfield was getting ready to leave, Busch called him into the bedroom. Busch directed Hatfield's attention to a then-unconscious Freeman. He then permitted Hatfield and Hildreth to fondle her breasts. Freeman sued Busch, Hildreth, and Hatfield for sexual battery. Is the college liable in negligence?