REMEMBER TO ALWAYS MENTION INTENTIONAL TORTS (harm substantially certain) WITH CAUSATION ANALYSIS, what if…

PLAIN OLD NEGLIGENCE!!! offense against offense against TURN OVER EVERY LEAF!!!
1 1 possession 1 ownership 2 2 mean joke,
gas man,
Battery Trespass Conversion Offensive Battery Assault Dr./people
intentional entry/substantial certainty Conversion requires attempt by 3rd party to claim ownership outside in
conversion: converting real P into personal DEFENSES TO INTENTIONAL TORTS trespass to chattels: vandalism (lesser rain, debt
P / treating someone else's P as your own no changing locks, breach offense) no intent to harm/claim owner req'd collectors,
ear, phlebitis, sexual
2nd vaccine, 3 5 5 6 6 of peace 7 7 8
harrasment,
kidney implied self- defense of recapture necessity false intentional not for
transplants,
insanity
consent defense property of chattels (servant imprison- infliction of parodies of
herpes, Dr. (medicine (not a
(even w/ (only force (only if no cuts rope ment emotional political
assisted & sports) defense) claim of right)
3rd party) necessary) loose) (awareness?) distress figures
suicide/life Outrageous!!
support illegal boxing, Jewelry store no spring guns OK if force/fraud privileged, but Ds shoplifting, missed train
rule infractions STRICT LIABILITY VS. NEGLIGENCE: HISTORY / ANALYTICAL IMPORTANCE READ
escape of dangerous substance CAREFULLY!!! all of the
10 11 12 13 facts
Early Cases (e.g. Modern Approach (e.g. American Cases Recent Hard Cases
flour barrel,
Thorns, inevitable dogs and stick, Rylands) Rylands/Cairns as Bolton v. Stone (low risk hotel guests,
accident, lighted squib) ultrahazardous activities reasonable/unreasonable events), epileptic driver drunk pilot,
parents not vicariously liable, is (1) intention unlawful (2) Δ at fault •Bramwell right to be free of foreign water •Blackburn likelihood of mischief cigarette fire,
but special duty? negl.? THE CONCEPT OF NEGLIGENCE if it escapes •Cairns natural vs. unnatural rolling logs,
adults, elderly, children, disabled, mentally ill Batman (foreseeable) Osborne: 1) purpose of statute 2) protected class 3) w/in type of accident tonsil,
escalator,
14 ↑ 15 15 17 18 19 21 ↑ 23 23 cortisone
reasona- sudden calculus custom informed violation Res ipsa shots, muscle
customary dram
bleness emer- of risk in consent of loquitur atrophy,
care (TJ statute
standard gency (B<PL) medical (AIDS criminal (nondele- rongeur break
(haystack)
Hooper) liability gable duty) (generally all
doctrine (bargee) cases blood) statutes
disfavored including kid saved on train tracks, man dies; powerline/Tel. + conditional potential Δs
also weed
must be
burning near PLAINTIFF'S CONDUCT (things you can do to screw up chances of recovery) res ipsa joined, but not
P boundary res ipsa (1) usu. negl. (2) exclusive control (3) no π contribution w/rongeur)
27 29 29 Bernina 30 fellow servant 31 31
π
contributory last clear chance imputed contrib. assumption of comparative
arbitration 2 fires
negl. (speeding (wagon on tracks, negl. (but not risk (primary, negligence (e.g., converge;
man ran over 3x)
clauses
horse, pole) even fellow empl.) secondary) pure, modified) coat on fire,
not empl. dangers fishmeal "community of interest" ↑ vibrating hatchet rack, fellow servant, flopper, ice rink Summers v.
platform collapse no causation MULTIPLE DEFENDANTS (plus vicarious liability) Tice
(alternative
also not wearing seatbelts direct negl. theory, hostile
32
Δ only when both definitely contributed 34 work environ. e.g. goosing
liability);
apportionment
Joint and Several Liability (differs by state) Vicarious Liability ("Respondeat Superior") (joint enterprise) can be similar
CA – J&S with contribution – each still 100% liable incl. negl. indep. K doing dangerous work to market
CAUSE IN FACT HMO – apparent/implied authority share liability
but definite
court as expert witness also ER Dr. / newspaper boy known
37 38 38 38 "gatekeeper" 39 40 41 contribution
Rescue at Sea Statutory Slip and Fall (but Products Liability Lost Chance Multiple Causes, e.g. quantity
(no life buoys, Violations no Ds for lesser seat belt 2 theories, Doctrine Apportionment of pollution
but causation?) Negl. per se precaution, tub) drugs, asbestos (Herskovits) market share liab market share
42 Osborne (poison, p. 21); pharmacy overdose Bendectin, exposure?, weird mice studies concert of action liab. is when
actual cause
jumping to avoid accident PROXIMATE CAUSE AND THE SCOPE OF DUTY 41/42(Sykes) unknown
Cardozo: danger invites rescue 3 theories (1) directness (2) foreseeability (3) harm w/in risk
42 43 43 44 45 43 46 46
oil fire, molten
fire cases foreseeable intervention Polemis Palsgraf – until Wagon
coincidence metal on lip
(usually only train past stop, rape; (plank hits explosives situation Mound (cancer) thin
no duty to tree falls on
rescue unless
1st house it
speeding train
dynamite caps; match gas boat) no duty to stabilized (foresee- skull π OK
spreads to) spill; things stolen from train directness party harmed (e.g. wreck) able Ds)
you create the
situation, e.g. even intentional tort doesn't necessarily break causal chain see also rescue US standard: customer?
wreck, stalled ATTRACTIVE NUISANCE? SPECIAL DUTIES OF CARE RR harm w/in risk: negl. foreseeable parent?
cars (even if Important anytime someone is hurt on someone else's P implied licensee? watchman Ds w/in foreseeable type not degree reasonable
not negl.) or if care to protect
you begin to
47 49 foreseeable? 51 e.g. Moch, hydrant 54 (boat loose)
Rescue situations Possessors of Land "Gratuitous" Promises Special Relationships business
help someone visitors from
e.g. sick (1) invitee (2) licensee (3) trespasser increased harm or reliance psych. Tarasoff; disk jockey;
3rd persons/
customer Note: DO NOT apply comparative POCKETS OF STRICT LIABILITY college, business, landlord
animals §344
negligence analysis to strict liability!!! assumption of risk harm w/in risk, mink Cyanamid Ds, lessor or lessee?
56 57 59 judges decide 62/67 "ancient
lights";
Trespass/Conversion Dangerous Animals Abnormally Dangerous ? of law Nuisance (Private and fishermen, no
(spleen, wine barrels) dogs, cattle fence range Activities (explosives) Public) (unreasonable?) public
Prospective requires actual Ds (can be caused by 3d parties, thieves) exception to eggshell skull rule nuisance
Economic Design defects/warnings negl. analysis PRODUCTS LIABILITY (see also causation) usually any substantial harm (econ losses)
Advantage (some juris. allow comparative negl.) components e.g. concrete unreasonable but duty;
Rule: not for natural
68/71 cannot sue sub 73 no suit against sub 76
occurrences
economic Restatements §402A consumer Manufacturing and Design Defects, e.g. Inadequate Warnings (birth control & e.g. bugs,
losses must contemplation; 3d Rest. negl. analysis used, second collision, obvious danger vaccines, sufficiency of warnings) wind blowing
be tied to Casa Clara – no Ds for pure econ. losses, fan in car, VW seat, bulletproof vest, printing press baby oil, do not breathe dust from
actual e.g. D to product itself (salty concrete) – DAMAGES DUTY TO BE SPECIFIC IN cleared land;
physical only for D to other P/injury also % likelihood not working MITIGATE DISCUSSING Ds!!! no liability for
injury/Ds or natural
78 cook injured: adjust for inflation (discount rate/wages) 79 wanton, reckless apply accurately to facts conditions of
no recovery Compensatory (loss of enjoyment, per diem, taxes) Punitive (1) actual knowledge (2) disregard; BMW paint case land §363