Damages
Name the 4 types of damages
1. Nominal
2. Compensatory
3. Punitive
4. Restitutionary
What is B<PL
Burden to eliminate the risk is less than the probability/ possibility of the injury and the extent of the injury/ damages
Superseding Cause
Interruption of the natural and continuous sequence of events
Cannot be the proximate cause if there is a superseding cause
Failure to Act
There is typically no liability for not acting even when a reasonable person would act
Name the elements of IIED
Defendant acts and intentionally or recklessly to cause plaintiff emotional distress and defendant engages in extreme and outrageous behavior and plaintiff suffers severe emotional distress caused by defendants conduct
Name 2 economic damages and 2 non-economic damages
Economic: Lost wages and medical expenses
Non-economic: pain and suffering and emotional distress
Does not matter what the defendant was thinking. Foreseeability of unreasonable risk/ foreseeability of harm helps create the unreasonableness of the defendant’s behavior
Eggshell Plaintiff
Take the plaintiff as they are
If because of a pre-existing condition, the harm is greater than reasonably expected, defendant is liable for all harm to the plaintiff
Name the elements of negligence
Defendant has a duty and defendant breached that duty and the breach of the duty caused (factually and proximately) the plaintiff to suffer a harm injury, or damage to the plaintiffs property.
Name the elements of false imprisonment
Defendant acts and intending to confine another person and person is confined and plaintiff was either aware of confinement of harmed by it.
In a contributory negligence approach, how much of the $1,000 damages can the plaintiff recover if they are 30% liable for the incident?
NOTHING
Defendant is a 13 year old red head who crashed a car into the neighbors mail box, what person do we compare them to for reasonableness?
A reasonable adult because they were participating in adult activities
Rescue Doctrine
Allows an injured rescuer to sue the party which caused the danger requiring the rescue in the first place
What is a trespasser, licensee, and invitee
Trespasser is on the land without authorization from the landowner
Licensee is on the land with the landowner’s authorization, for the benefit of the licensee
Invitee is on the land with landowner’s authorization for the benefit of the landowner
What is Intent?
Acting with purpose to bring about a particular consequence or acting with knowledge with substantial certainty that the consequence will occur
Modified loss approach:Plaintiff is responsible for 60% of damages. How much can they recover
Nothing
Violation of law (negligence per se)
Under negligence per se, P argues that a law creates a legal duty and the D not complying with the law IS breach
Defendants arguments for lack of proximate cause
1. Lack of foreseeability
2. Public policy
3. Injury does not flow naturally and continuously from defendant‘s behavior
4. Presence of a superseding cause
5. Displace in time and space
What’s in your duty and breach toolbox?
1. Foreseeable harm
2. B<PL
3. Reasonable person + custom of the injury
4. Violation of law (negligence per se)
5. Res Ispa Ioquitur “The things speaks for itself”
Name the 8 privileges
1. Consent
2. Self Defense
3. Defense of others
4. Defense of property
5. Recovery of property
6. Necessity
7. Authority of law
8. Discipline
What is the money the jury awards the plaintiff called
The Judgment
Name the 7 affirmative duties to act
1. Special relationship
2. Duty arises by contract
3. Duty arises under law
4. Defendant is in exclusive control of the thing that is harming the plaintiff
5. Defendant places the plaintiff in peril
6. Partial undertaking (defendant starts to act)
7. Defendant is landowner and plaintiff comes upon his land
Plaintiff tripped on his shoe, twisted his ankle, and fell to the ground. Then Defendant drove by speeding on his motorcycle and did not see Plaintiff laying on the ground. He ran over his fingers and broke them. What is defendant liable for?
Only the broken fingers
The 3 things a person sues for in wrongful death
1. Loss of economic support
2. Loss of companionship
3. Funeral expenses
Name the elements of conversion
Defendant acts indenting to exercise dominion or control over the chattel of another and does so, so seriously interfering with the right of the plaintiff that the defendant is obligated to pay full value of the chattel