2021.02 New York bar exam.2021年2月份紐約州律師考試申論題第1題
MEE QUESTION 1 

A woman owns and operates a food-truck business. Business has been good. The woman 
asked a man she knew to work with her. “It would be great if you’d help with my food-
truck business. There is just not enough time in the day. I need someone to do the early 
morning produce shopping for me at the farmers’ market. Are you interested?” 
一位女士經營餐車生意，生意不錯。該女士央求一位他所熟知的男士與其一同打拼。“有你幫我打理生意那是很棒的，一天的時間都不夠用，每日清晨我需要人手為在我農民市場買貨，你有興趣嗎？”

The man has a job as a night watchman and had been looking for a way to make extra 
money. He answered, “Sure, I’m interested. Text me at night what type of produce you 
want me to buy in the morning when I get off work. The market opens just as I get off my 
night shift. I could stop by the market with my car and then drop off the purchases at your 
truck.” He then asked, “And how much would I be paid?”
該男士職業係為夜間看守員 ，正在覓尋兼差賺錢，收到女士之要約後，便很爽快答應了。定留下訊息給該名女士“清晨下班時，妳要我買那種貨。在我夜班下班時，市場剛好開市，我開車可停下來買好貨後，放在妳的餐車上，不過，妳可付我多少錢？”

The woman responded, “Texting works for me. I’ll go to the market with you the first few 
times to give you a general idea of what I’m looking for. But then you’d be on your own, 
making the choices of which vendors to use and which produce to buy. Please use your 
own credit card to make the purchases, and I’ll reimburse you.” 
女士回應說“一開始的前幾次我將與你同往市場，給妳一些我想要找的貨的點子，之後妳就要自行打理,決定要用何小販及買何種貨。先用你自己的信用卡買，之後我會還給你”。

Then the woman paused and continued, “As for pay, I can afford to pay you only $20 per 
daily delivery. I know that’s a bit low, but the business doesn’t have the cash flow yet. So, 
my offer to you is that, in addition to $20 per day, I will give you 10% of the food truck’s 
profits.” The man thought for a bit and said, “Okay. It’s a deal.” They shook hands.
然後該女士暫停後又繼續，“至於薪水，我出價每日遞送僅能付你20元，我知道這有點低，但生意尚未上軌道，所以我的出價只能如此，此外我能給你餐車10%利潤”。男士想了一下說“ok，成交”，然後雙方握手。

For the first few months, the arrangement worked well. The woman sent texts to the man 
each night indicating the type of produce to buy, and the man selected and purchased the 
requested produce in the morning from vendors he selected. He then dropped the produce 
off at the woman’s food truck. The man paid the vendors with his own credit card and 
later was reimbursed by the woman. Except for the man’s purchase and delivery of the 
produce, the woman did all the work related to the food-truck business. 
前幾個月一切進行得很順利，該女士每晚以訊係指示男子每日要買的貨。男子依其所指於清晨從奇所挑選之小販處買貨，然後將所購者置放在女士的餐車裡。男子以其信用卡付款，隨後即遭女士還款。除了由男子買貨及運送外，其餘有關餐車生意均由女士包辦。

One morning, while parking at the market, the man negligently ran his car into a farmer’s 
stall, causing extensive damage. The man truthfully told the farmer that, although the 
accident was the man’s fault, he had no money to pay for the farmer’s damage and his 
automobile insurance had lapsed.
有天清晨，當駐車在市場時，男子過失將座車撞進農夫攤位，造成大損害。雖然意外是男子的錯，男子仍真實以告，其沒錢賠償同時他的車險失效。

The farmer wrote the woman a letter demanding that she pay him for the losses caused by 
the man’s negligence. The woman has asked her attorney what legal relationship she has 
with the man and what the liability implications would be in each case. 
男子寫信給女士，要求女士為其過失所造成之損害付賠償責任。女士請教她的律師，她與男子的法律關係為何，在每一情境下意指之責任為何。

1. (a) Are the woman and the man partners in the food-truck business? Explain. 
女士與男子在餐車生意上是否為合夥？請附理由說明之。

 (b) Assuming that the woman and the man are partners in the food-truck 
 business, would the woman be liable to the farmer for the damage 
 proximately caused by the man’s negligence? Explain. 
假設女士與男子於餐車生意是合夥關係，女士是否要對男子過失之相當因果關係造成農夫之損害負責？請附理由說明之。

2. (a) Is the man an employee of the woman? Explain. 
男子是否為女士的員工？請附理由說明之。

 (b) Assuming that the man is an employee of the woman, would the woman be 
 vicariously liable to the farmer for the damage proximately caused by the 
 man’s negligence? Explain. 
假設男子是女士的員工，女士要否對男子過失之相當因果關係造成農夫損害負責？請附理由說明之。

3. (a) Is the man an independent contractor for the woman? Explain. 
男子是否為女士之獨立承攬人？請附理由說明之。

 (b) Assuming that the man is an independent contractor for the woman, would the 
 woman be vicariously liable to the farmer for the damage proximately caused 
 by the man’s negligence? Explain. 
假設男子為女士之獨立承攬人，女士要否對男子過失之相當因果關係造成農夫損害負責？請附理由說明之。