REMEMBER TO ALWAYS MENTION

INTENTIONAL TORTS (harm substantially certain)

WITH CAUSATION ANALYSIS,
PLAIN OLD NEGLIGENCE!!!
offense against
offense against
TURN OVER EVERY LEAF!!!
1
1
possession
1
ownership
2
2
Battery
Trespass
Conversion
Offensive Battery
Assault
intentional entry/substantial certainty
Conversion requires attempt by 3rd party to claim ownership
conversion: converting real P into personal
trespass to chattels: vandalism (lesser
DEFENSES TO INTENTIONAL TORTS

P / treating someone else's P as your own

ear, phlebitis,
5
5
2nd vaccine, 3
implied
selfkidney
insanity
transplants,
consent
defense
(not a
herpes, Dr. (medicine
(even w/
defense)
assisted & sports)
3rd party)
suicide/life
Jewelry store
support illegal boxing,

no changing locks, breach

offense) no intent to harm/claim owner req'd

of peace 7
6
6
7
8
defense of
necessity
intentional
false
recapture
property
(servant
infliction of
imprisonof chattels
(only force
cuts rope
emotional
(only if no
ment
claim of right)
(awareness?)
necessary)
loose)
distress
OK if force/fraud
privileged, but Ds
no spring guns
shoplifting, missed train
rule infractions
STRICT LIABILITY VS. NEGLIGENCE: HISTORY / ANALYTICAL IMPORTANCE
READ
CAREFULLY!!!
escape of dangerous substance
10
11
12
13
Early Cases (e.g.
Modern Approach (e.g.
American Cases
Recent Hard Cases
Thorns, inevitable
dogs and stick, Rylands)
Rylands/Cairns as
Bolton v. Stone (low risk
accident, lighted squib)
ultrahazardous activities
reasonable/unreasonable
events), epileptic driver
Bramwell right to be free of foreign water Blackburn likelihood of mischief
is (1) intention unlawful (2) at fault
parents not vicariously liable,
if it escapes Cairns natural vs. unnatural
but special duty? negl.?
THE CONCEPT OF NEGLIGENCE
Osborne: 1) purpose of statute 2) protected class 3) w/in type of accident
adults, elderly, children, disabled, mentally ill Batman (foreseeable)

14
15
15
17
18
19
21
23
23
reasonasudden
calculus
custom
informed
violation
Res ipsa
customary
dram
bleness
emerof risk
in
consent
of
loquitur
care (TJ
statute
standard
gency
(B<PL)
medical
(AIDS
criminal
(nondeleHooper)
liability
gable duty)
(haystack)
doctrine
(bargee)
cases
blood)
statutes
disfavored
including kid saved on train tracks, man dies; powerline/Tel.
+ conditional
also weed
burning near
PLAINTIFF'S CONDUCT (things you can do to screw up chances of recovery)
res ipsa
P boundary

no duty to
rescue unless
you create the
situation, e.g.
wreck, stalled
cars (even if
not negl.) or if
you begin to
help someone
e.g. sick
customer

Prospective
Economic
Advantage
Rule:
economic
losses must
be tied to
actual
physical
injury/Ds or
no recovery

res ipsa (1) usu. negl. (2) exclusive control (3) no contribution

Bernina
fellow servant 31
27
29
29
30
31
contributory
assumption of
comparative
imputed contrib.
last clear chance
arbitration
negl. (speeding
risk (primary,
negligence (e.g.,
(wagon on tracks,
negl. (but not
clauses
man ran over 3x)
even fellow empl.)
horse, pole)
secondary)
pure, modified)
vibrating hatchet rack, fellow servant, flopper, ice rink
"community of interest"
not empl. dangers fishmeal
platform collapse no causation
MULTIPLE DEFENDANTS (plus vicarious liability)
also not wearing seatbelts
direct negl. theory, hostile

work environ. e.g. goosing

32
only when both definitely contributed
34
Joint and Several Liability (differs by state)
Vicarious Liability ("Respondeat Superior") (joint enterprise)
CA J&S with contribution each still 100% liable
incl. negl. indep. K doing dangerous work
CAUSE IN FACT
HMO apparent/implied authority
also ER Dr. / newspaper boy
court as expert witness
"gatekeeper" 39
37
38
38
38
40
41
Rescue at Sea
Statutory
Lost Chance
Multiple Causes,
Slip and Fall (but
Products Liability
(no life buoys,
Violations
Doctrine
Apportionment
no Ds for lesser
seat belt 2 theories,
precaution, tub)
drugs, asbestos
but causation?)
Negl. per se
(Herskovits)
market share liab
42
Osborne (poison, p. 21); pharmacy overdose
Bendectin, exposure?, weird mice studies
concert of action
jumping to avoid accident
41/42(Sykes)
PROXIMATE CAUSE AND THE SCOPE OF DUTY
Cardozo: danger invites rescue
3 theories (1) directness (2) foreseeability (3) harm w/in risk
42
43
43
44
45
43
46
46
foreseeable intervention
Polemis
Wagon
until
Palsgraf
fire cases
coincidence
train past stop, rape;
(plank hits
Mound
situation
(usually only
explosives
tree falls on
1st house it
dynamite caps; match gas
boat)
no duty to
(foreseestabilized
speeding train
spreads to)
party harmed
(e.g. wreck)
spill; things stolen from train
directness
able Ds)
even intentional tort doesn't necessarily break causal chain
see also rescue
US standard:
ATTRACTIVE NUISANCE?
SPECIAL DUTIES OF CARE
RR
harm w/in risk: negl. foreseeable
Important anytime someone is hurt on someone else's P implied licensee?
watchman Ds w/in foreseeable type not degree
(boat loose)
47
49
foreseeable?
51
e.g. Moch, hydrant
54
Rescue situations
Possessors of Land
"Gratuitous" Promises
Special Relationships
psych. Tarasoff; disk jockey;
(1) invitee (2) licensee (3) trespasser
increased harm or reliance
college, business, landlord
Note: DO NOT apply comparative
POCKETS OF STRICT LIABILITY
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
Trespass/Conversion
Dangerous Animals
Abnormally Dangerous ? of law
Nuisance (Private and
(spleen, wine barrels)
dogs, cattle fence range
Activities (explosives)
Public) (unreasonable?)
requires actual Ds (can be caused by 3d parties, thieves)
exception to eggshell skull rule
Design defects/warnings negl. analysis
PRODUCTS LIABILITY (see also causation)
usually any substantial harm
(some juris. allow comparative negl.)
components e.g. concrete
unreasonable
68/71
cannot sue sub
73
no suit against sub
76
Restatements 402A consumer
Manufacturing and Design Defects, e.g.
Inadequate Warnings (birth control &
contemplation; 3d Rest. negl. analysis
used, second collision, obvious danger
vaccines, sufficiency of warnings)
fan in car, VW seat, bulletproof vest, printing press
baby oil, do not breathe
Casa Clara no Ds for pure econ. losses,
e.g. D to product itself (salty concrete)
DAMAGES
DUTY TO
BE SPECIFIC IN
only for D to other P/injury
also % likelihood not working
MITIGATE
DISCUSSING Ds!!!
78
79
wanton, reckless
apply accurately to facts
cook injured: adjust for inflation (discount rate/wages)
Compensatory (loss of enjoyment, per diem, taxes)
Punitive (1) actual knowledge (2) disregard; BMW paint case

what if
mean joke,
gas man,
Dr./people
outside in
rain, debt
collectors,
sexual
harrasment,
not for
parodies of
political
figures
Outrageous!!

all of the
facts
flour barrel,
hotel guests,
drunk pilot,
cigarette fire,
rolling logs,
tonsil,
escalator,
cortisone
shots, muscle
atrophy,
rongeur break
(generally all
potential s
must be
joined, but not
w/rongeur)
2 fires
converge;
coat on fire,
Summers v.
Tice
(alternative
liability);
apportionment
can be similar
to market
share liability
but definite
known
contribution
e.g. quantity
of pollution
market share
liab. is when
actual cause
unknown
oil fire, molten
metal on lip
(cancer) thin
skull OK
customer?
parent?
reasonable
care to protect
business
visitors from
3rd persons/
animals 344
"ancient
lights";
fishermen, no
public
nuisance
(econ losses)
but duty;
not for natural
occurrences
e.g. bugs,
wind blowing
dust from
cleared land;
no liability for
natural
conditions of
land 363