A college student was asleep in his bed in a college dormito…

A college student was asleep in his bed in a college dormitory when his roommate, in a drunken fury, entered their room intending to attack the student with an ice pick while he slept. Fortunately, the phone rang and awakened the student. The roommate retreated quickly and threw the ice pick under his own bed in the same room. The next day, the student heard from friends about the roommate’s murderous plans and later found the ice pick under the roommate’s bed. Even though the college expelled his roommate, the student remained extremely upset and afraid to sleep.  In a suit against the roommate for assault, will the student prevail?

As a motorist was driving on a road, a driver on an intersec…

As a motorist was driving on a road, a driver on an intersecting road failed to see a stop sign at the intersection and crossed into the motorist’s path. The motorist would have had time to avoid the driver’s vehicle except that he was making a call on his cell phone. He slammed on the brakes as soon as he saw the driver, so the impact occurred at a low speed. The driver’s car sustained only minor damage, but the motorist’s car sustained such heavy damage that it was a total loss.  If the motorist sues the driver in a jurisdiction following traditional contributory negligence and assumption of the risk rules, what is the driver’s best defense?