Torts
What are the five goals of tort law?
Corrective justice, Civil recourse, Deterrence, Loss Distribution, and Redress of Social Grievances
Standard of care for children
Reasonable child of one of similar age, experience, and intelligence
test for respondeat superior
An event that occurs after the act of negligence and causes harm
Intervening cause
You must take plaintiff as they are even if they are more likely to suffer harm than the average person
Eggshell plaintiff rule
What is the hand formula?
B > (or <) PL
Negligent as a matter of law
negligence per se
Defendant who negligently created a risk of harm
Misfeasance
Plaintiff could collect whatever damages they are not responsible for
persons who enter with some level of permission and the duty of care owed to them,
Licensee; duty to make safe dangers of which the person is aware
What is the standard of care used in negligent cases and how is it defined?
Reasonable person: The same degree of care as a reasonable person of ordinary prudence under all the circumstances.
The thing speaks for itself
Res ipsa loquitor
Defendant who did not remove a risk of harm created by someone or something else
Nonfeasance
Damages to deter future behavior
Punitive damages
person who enters with no permission and the duty owed to them
Trespassers; duty to not willfully or wantonly harm
Duty, Breach, Causation, Damages
Elements of res ipsa loquitor
1. Accident must be of a kind which ordinarily does not occur in the absence of negligence; 2) Must be caused by an agency or instrumentality within the exclusive control of the D; 3) must not have been due to any voluntary action by the P
Each of multiple defendants is liable to plaintiff for full amount of damages, until judgement has been satisfied.
Joint and Several liability
When the product does not conform to man's own design
manufacturing defect
Exceptions to no duty to rescue rule (4 of them)
1. Special relationship 2. Creation of injury or risk 3. Affirmative duty statutes 4. Voluntary undertakings
reflects the judgement and experience and conduct of many. Can be used offensively or defensively towards the standard of care.
Custom
Two types of vicarious liability:
Respondeat superior or Apparent agency
Limits liability to harms suffered that were reasonably foreseeable
Proximate cause
defect in entire product line
Design defect
Apparent Agency elements:
1. Represented company as an agent; 2. Party detrimentally relied on that appearance of authority 3) Change in position by 3rd party