Intentional Torts
(1st case of semester)
Failure to act does not satisfy the element of an act.
Sullivan v. Atlantic Federal
B < P x L
B = Burden of precaution
P = Probability of injury
L = Gravity of resulting injury
TJ Hooper Rule
Evidence of a customary practice is relevant, but not determinative of reasonableness/due care
Kline v. 1500 MA Ave. Apt. Rule
Landlord owes tenant a duty to protect tenant from foreseeable criminal acts of third parties.
Katko v. Briney
No substantial bodily injury to protect one's property. One must be present to protect (no traps)
What case gives us the thin-skull rule
Vosburg v. Putney
Duty Rule from Palsgraf v. Long Island RR Co.
When a person acts, s/he owes persons within the scope of the risk* a duty to act to avoid creating foreseeable and unreasonable risks under the circumstances
Byrne v. Boadle
RIL - The incident would not have happened without someone’s negligence, even if P cannot specifically identify who or how
Tarasoff v. UC Regents Rule
(Psychiatrist Case)
Duty to warn for future foreseeable harm to a specific third person.
Eerie R. Co. v. Stewart Rule
(Voluntary Undertaking)
If one voluntarily establishes a longstanding practice/behavior, even without a statutory obligation, and then removes that precaution, they must reasonably warn of its discontinuance
KWSC Case
Kinsman Transit Co.
Ice dock bridge debacle
The damages here were foreseeable because of breaching a duty of care and are not limited because the result was different in the manner and extent than one expected.
Summers v. Tice
Gun-off quail
If P cannot identify which of the 2+ Ds caused an injury, the burden of proof shifts to D to show they were nor responsible for the harm.
Rowland v. Christian Rule/Impact
(crackled sink handle)
Abolishes the tripartite classification scheme. D owed P duty to warn.
Dalury v. SKI Ltd
Exculpation Clause NOT valid because it violated public policy (the ski resort = public use).
Holding from Intel Corp v. Hamidi
D’s electronic communications that did not damage or impair P’s computer system. [no actual damages = no trespass to chattels]
Kingston v. Chicago & NW Railroad Co.
(Concurrent Causation) - Fires merging case
Court shifts the burden from P to D to prove the other D was the primary cause. In the absence of such proof, Ds are jointly and severally liable. We cannot separate out the loss by P when both Ds acted negligently.
Ybarra v. Spangard
Muscle Atrophy surgery side effect
All Ds who had any control over P’s body or the instrumentalities may be called upon to explain their conduct. It would be unfair to expect P to identify all the people and objects he encountered.
(Court Smoking Out Theory)
Robb v. Pennsylvania RR Co. Rule + Elements
ZONE OF DANGER RULE ELEMENTS (MAJORITY AFTER ROBB):
Hudson v. Craft
Vitiated Consent when (1) it is a crime to inflict a particular invasion of an interest of personality; (2) irrespective of their assent; AND (3) policy protects the interests of such class of persons to appreciate consequences of such an invasion
Case brief Wagner v. Int'l RR Co.
DANGER INVITES RESCUE
Andrew's Dissent in Palsgraf
D should be liable for all the injuries that can be directly traced back to the wrongful act. A duty to one is a duty to all.
Name all the test from Posecai v. Wal-Mart
(Identify which is majority and minority)
Specific Harm
Prior Similar Incidents (Minority)
Balancing Test (CA)
Totality of Circumstances (Majority)
MacDonald v. Ortho Pharma Corp.
Name all 3 rules surrounding the case
Gen Rule: A manufacturer must give a warning when it knows/should have known of a risk of harm to a substantial number of the population that is likely to encounter the product
Learned Intermediary: With pharmaceutical products, the prescribing physicians act as a “learned intermediary” between the manufacturer and the patient, so the drug manufacturer owes a duty only to warn the doctor, rather than the patient
Exception to Exception: Doctors must warn patients of material risks of prescribing drugs where the patient is an “active participant”