Torts A
A teenager and his father were practicing baseball in a sandlot when the teenager hit the ball over his father's head and onto a landowner's adjacent property. The landowner had several "beware of dog" signs posted along his fence, but the father did not notice them in his haste to retrieve the ball. The father climbed over the fence into the landowner's yard and was attacked by the landowner's vicious guard dog, which was trained to maim intruders. The dog bit the father, causing him to suffer severe lacerations that required numerous stitches. If the father brings an action against the landowner to recover damages for his injuries, will he likely prevail?
Yes, because the landowner may not use a vicious dog to protect only his property.
State A has a 3 year statute of limitations for deceptive labeling on animal food. Phillip’s dog got sick after eating mislabeled kibble but when he inquired with the manufacturing company, they denied liability and told him their food was certified, despite knowledge otherwise. Four years later, a news article comes out stating that the company was destroying documents that showed their animal food was mislabeled. Can Phillip bring suit?
Yes. Fraudulent concealment suspends the toll of the statute of limitations
Jones recently got a new dog. She sent the contractor an email saying “Could you build my dog a green doghouse? If you build this to my satisfaction, I will pay you 500$” The contractor agreed. Jones went on vacation with her new friend while the contractor worked. When she came back, she was furious that her doghouse was red! Jones refuses to pay – what is her justification?
Cite to Locke: In artistic matters, honest, subjective dissatisfaction allows one to decline performance.
Seeking to dedicate a memorial to their late dog named Chloe, Chris asks the park authority to place a bench with a plaque dedicated to Chloe, facing South towards Chloe’s favorite dog park. Chris sends the park authority the requisite 750$ fee for a customizable bench. The park authority never responds. 3 months later, Chris walks by the area and is furious to see a bench with a plaque dedicated to the dog – but the bench is facing North! What argument should Chris make to prove a contract was made? (based on Prof. Schooner’s Spring 2020 exam)
Restatement Sec 22: offer and acceptance can be shown by conduct: the park put a bench with a plaque up and accepted the money.
A North Carolina factory farm, incorporated in Delaware and headquartered in North Carolina, sprays manure into South Carolina, causing James, a citizen of South Carolina 30,000 dollars in damage to his well. Can James bring a state nuisance law action in federal court?
No. Need diversity of citizenship and to meet the 75k amt in controversy requirement.
Jane is walking her dog on a leash when Andy yanks the leash away from her. In so doing, Andy does not touch any part of Jane's body. Can Jane make out a case of battery?
Yes. Extended personality doctrine
Steve goes to an animal sanctuary with his family. Before entering, he signs a waiver acknowledging that he is interacting with wild animals and should keep a distance from them. Steve tries to feed and pet a chimpanzee and is attacked. Will he prevail in a suit against the sanctuary?
On one hand, Express assumption of the risk: P actually knows the risk and voluntarily assumed it.
But see Dalury: exculpatory clause in liability waiver for recreational activities may be void as contrary to public policy. Factors:
- operator of recreational activity can more easily foresee risk
- if advertising to public, onus on business to keep patrons safe
- operator of recreational activity can insure itself
Jones wants to start a farm sanctuary in central Texas. She publishes an ad in the Animal Times offering 5000$ to the first person to build facilities for the animals. On Tuesday, Matt drives 2 miles to the sanctuary, drops off construction supplies, and goes home. On Wednesday, Jones calls Matt and says “I’m no longer building the facilities, so as to preserve the land as habitat for the endangered golden-cheeked warbler.” What is Matt’s best argument for breach of contract?
Sateriale: Matt accepted a unilateral contract by rendering performance when he drove to the sanctuary and dropped off the supplies in response to the ad in the Animal Times. Under Restatement Sec 45, once offeree has rendered any performance, not even substantial (so even something minimal like dropping off supplies), offeror cannot revoke.
NOTE: It is key that the ad in the newspaper said 5k would be given "to the first person". Words to this effect turn the ad into an offer -- otherwise an ad is just a solicitation for an offer (see Lonergan v. Scolnick)
Jose and Layla agree orally that Jose will work as a veterinarian at Layla’s farm sanctuary for a minimum of 2 years. Is this an enforceable contract?
No, Crabtree says that a contract for 2 years is within the statute of frauds (must be in writing).
Note that the terms of the contract must require 2 years.
A plaintiff sued D1 and D2 in federal district court. A is a citizen of CA, D1 is a citizen of OR and D2 is a citizen of WA. The plaintiff brought a breach-of-contract claim against D1, alleging $50,000 in damages. The plaintiff brought two claims against D2: a negligence claim alleging $60,000 in damages and a state law conversion claim alleging $30,000 in damages. Can the case be brought against both D1 and D2 in federal court?
No. The case may only be brought individually as to D2.
1P v. multiple Ds cannot aggregate claims to meet amnt in controversy.
1P v. 1D CAN aggregate claims to meet amnt in controversy.
Animal owners can be strictly liable for:
Wild animals, Animals in the right place, where owner knew of its disposition, Animals in the wrong place, even without their prior knowledge
Sally buys a new house that shares a wall with a local farm that has a variety of animals. They are loud, making noise at all hours of the night, and Sally can smell manure from inside her kitchen. She’s also unable to use her driveway because it is blocked by farm tools. What type of claim might she bring?
Private nuisance
Arguello finds Benito's pet dog running lost during a thunderstorm and rescues the dog from severe harm. After learning of Arguello's deed, Benito promises to pay Arguello $50, a reasonable amount for Arguello's labor. Binding promise?
No. Promissory restitution: someone receives services AND THEN promises to pay.
A rare theory that works in a narrowly construed set of cases:
- Mills v. Wyman: Where a promise is made AFTER a service has been rendered, the promise is enforceable only if prior to the making of the promise there used to be a legal obligation which the promise in effect revived.
Restatement provisions:
Sec 82: Debt barred by statute of limitations, now debtor promises to pay
Sec 83: promise to pay a debt previously discharged by bankruptcy
Sec 86: If receive a HUGE material benefit and then promise to pay, the promise is enforceable to the extent needed to prevent injustice.
UNENFORCEABLE if material benefit was a gratuity OR no unjust enrichment by promissor OR promise is for value disproportionate to material benefit received
-->Could argue that finding a lost dog is a "HUGE" material benefit, but unlikely to succeed. We're talking "A saved my life" level. Argue this on an essay, but go by the general rule on MC.
Dr. James owns a plot of land in downtown Dayton that he wishes to turn into a veterinary clinic. Dr. James hires local contractor Zany Industries to build the clinic. Zany Industries subcontracts installing the water, electricity etc. to Umar’s Utilities and the building of the clinic’s roof to Tom’s Tiling. After the clinic is built, Umar’s Utilities seeks payment from Zany Industries, but is refused. Dr. James also refuses to pay, saying he already paid Tom’s Tiling for the work. Can Umar’s Utilities prevail in an unjust enrichment action against Dr. James?
No, Commerce Partnership 8098: In an owner-subcontractor dispute, an unjust enrichment claim is defeated if the owner paid any subcontractor, and Dr. James paid Tom’s Tiles. As such, Dr. James did not receive something for nothing.
A plaintiff sued a defendant for breach of contract, seeking $100,000 in damages. The plaintiff and defendant are citizens of the same state. The plaintiff, a bicycle manufacturer, alleged that the defendant, who was a famous cyclist, had failed to participate in a number of promotional events for the plaintiff’s bicycles, as required under the parties’ endorsement contract. The defendant filed an answer that asserted a number of defenses, including an affirmative defense asserting the defendant’s free-speech rights under the First Amendment of the United States Constitution. Is there subject matter jurisdiction?
No, because the plaintiff’s claim does not present or necessarily involve ("arise under") federal law. Federal defenses do not allow removal jurisdiction.
Leroy, a calm and patient dog who has never shown signs of violence, is approached by three men with aggressive dogs at a park. In response, he bites the hand of one of the men. Is Leroy’s owner liable?
No, given that his owner did not know Leroy had dangerous propensities UNLESS in a minority state which applies strict liability to domestic animals.
Jane, a pet-sitter, fails to lock the front door of her client Randy’s house after feeding their cats. Randy is not at home. A thief goes into the house and steals Randy’s television set. Randy sues Jane. Assuming that Randy was not contributorily negligent in entrusting the house to Jane, could Jane be liable?
While there was an intervening cause, it is more likely that Jane would be held liable if Randy’s home is in a high-crime urban area than if Randy’s home is in a low-crime small town. Goes to Wagon Mound: show that the harm caused (stolen cat) is a reasonably foreseeable consequence of breach.
Alvin asks Barbara to build a state of the art doghouse in his backyard, complete with multiple stories, three entrances, an indoor fountain, and automated food dispensers. Barbara agrees, but tells Alvin that it will take her 2 years from start to finish. They shake hands and Barbara starts work. 6 months into the project, she has to move out of town and never returns to finish the project. Is the contract void under the statute of frauds?
Alvin – Although Barbara can attempt to invoke the Statute of Frauds, she predicted it would take her 2 years. Because it was possible for the contract to be completed in under 1 year, it does not fit under the statute of frauds.
Vanessa Vegan, a DC vegan catering company, is cooking up 100 vegan chick’n sandwiches for a cruelty free celebration of fried chicken day, July 6th. Vanessa enters into a contract with General Food Company (GFC) which states: “Vanessa to receive 100 units of chicken protein by July 1st.” On June 30, Vanessa is extremely disappointed to discover that GFC sent her 100 chicken breasts produced by a factory farm. Vanessa wishes to bring a breach of contract action against GFC. Does Vanessa or GFC bear the burden of proof for showing that their understanding of chicken should prevail?
Frigaliment: Burden of proof on Vanessa to establish that an ambiguous term – “chicken protein” -- is used in its narrower sense, i.e. vegan chick’n. Just as in Frigaliment P had burden of showing that chicken meant just broilers, not fowl.
A plaintiff filed a complaint in state court alleging three state-law claims against 1 defendant: a tresspass claim worth 10k, a negligence claim worth 20 k and a breach of contract claim worth 50k. The plaintiff was diverse from the defendant. In his answer to the complaint, the defendant asserted a defense based on a federal statute. Can the case be brought in federal court?
Yes, 1P v. 1D can aggregate claims to meet amnt in controversy
Jerry, a certified vet who has practiced for more than 25 years, doesn’t read the label of a medication and administers the wrong dosage for a cat, resulting in severe illness. What is Jerry’s duty of care?
Professional standard of care for other vets with similar education & experience
Bill, driving his car in a prudent manner, collided with a horse that was crossing the highway. The horse was killed in the middle of the road. Bill’s car was damaged, but he was able to drive away. Bill drove away and left the horse in the road. Sam was injured 10 minutes later when his car collided with the dead horse. What tort principle may Sam sue Bill under?
Negligence
- Injury
- Duty to act (D created the danger)
- Breach (reasonably prudent person would not leave the horse in the middle of the road)
- Causation (actual and proximate)
George asks Flori to train his dog for police work in exchange for $500. Flori spends 3 months working with the dog and at the end, asks George for her payment. George refuses. What is George's best argument?
Indefiniteness: “training for policework” is too vague
Betty enters into a contract with Adam in which Betty agrees to take care of Adam’s ailing dog for a week while Adam, a rare arts agent, personally delivers 4 rare and fragile paintings worth 50,000 dollars to clients in Luxembourg. Adam is being paid 10,000 dollars for making the trip. Adam explains the importance of this trip to Betty who smiles and says she’d be happy to help. Adam is on his way to Dulles airport when Betty says she can no longer dogsit. Adam is forced to cancel his trip and go home to take care of the dog. What, if any, damages can Adam recover on his contract with the Luxembourg clients because of Betty’s failure to dogsit?
Florafax: Lost profits from a separate contract caused by D’s failure to perform can be recovered as damages IF all of the following:
(1) loss was in parties’ minds at the time of contract execution. Here, Adam told Betty about his business trip which was why he needed a dogsitter.
(2)loss was caused by the breach. Here, this is met b/c Adam could not deliver the paintings because Betty failed to babysit.
(3) loss capable of reasonably accurate measurement. Here, could use the amount Adam would have been paid for delivering the paintings (10,000$)
Janice a native New Yorker was walking her dog through Central Park, when she came across Maruice, a man speaking French. Janice struck up a conversation with Maurice who explained, in English with a thick French accent, that he was born in New York to French parents who were master’s students at NYU. When he was 2 years old, his parents finished their Master’s and the family moved to Nice, France, where Maurice was born and raised. He had come to NYC on vacation to explore the place he was born and where his parents met. As they are talking, Maurice suddenly turns red and has trouble breathing. Janice calls an ambulance and Maurice is rushed to the hospital. It turned out that Maurice had a severe dog allergy. Not having US health insurance, Maurice sues Janice to recover 100,000$ in medical costs because of Janice’s negligence in bringing her dog too close to him. Can Maurice bring this lawsuit in federal court?
No, there is no diversity jurisdiction because Maurice is a US citizen (born in NYC) who is domiciled in France and therefore is not a citizen of a different US state (or territory) than Janice (a citizen of NY)