Bosley v. Andrews: Rule Name
There must be a risk of physical injury
What is the impact rule?
The name for the formula for breach.
What is Learned Hand formula?
The whiskey bottle hit the patron in the head and D was not found to be a cause in fact. Name the case.
What is East Texas Theaters?
The four foreseeability types.
What is extent, mechanism, type, and unforeseeable plaintiff?
Loss of enjoyment of life.
What are Hedonic damages?
Manufacturer has a duty regardless of privity, especially if the product is dangerous. Name the case.
What is MacPherson v. Buick?
P must fall within the class of persons the statute was intended to protect. Name the cases.
What is Martin and Potts?
The shares in a harmful product make the share holders liable only for their % of shares held. Name the rule and case.
What is Market share liability and Poole?
D may be liable though he neither foresaw nor should have foreseen the extent of harm or the manner in which it occurred. Name the rule and case.
What is Superseding cause and Meyering?
Deterrence- punishment to make an example.
What is Punitive damages?
A person can only recover if they have personally witnessed the accident. Name the case.
What is Sinn v. Burd?
What is T.J. Hooper?
The tortfeasor should not be held accountable for the consequences that would have befallen the victim regardless of the tortfeasor's conduct. Name the rule and case.
What is Pre-existing condition and Follett?
Palsgraf provided us with __ rule.
Compensatory damages include three parts. . .
What are medical expenses, loss of earnings, and Pain/suffering?
Landowners owe a duty to a child trespasser. Name the case.
What is Bennett v. Stanley?
The injury was not the type the statue was meant to protect from. Name the cases.
What are Potts and Gorris?
These cases provided us with the rule that when there are 2 or more tortious actors the burden falls upon all of them to prove they have not caused the harm.
What is Pennfield Poole and Summers?
If the type of injury which occurs is foreseeable, then recovery is usually permitted, even though the way in which the harm came about may be fairly bizarre. Name the case.
What is Huges?
P's damages are reduced in proportion to the percentage of percentage of negligence attributed to them.
What is the pure form of comparative fault?
Simply having knowledge of something does not mean you have a duty to protect another from said risk. Name the case.
What is Galanti v. United States?
Rule from Colomenares v. Sun Alliance Insurance Co.
What is . . . ?
If D does tortious act in concert with another or pursuant to a common design with them, D is liable. Name cases and rule name.
What is Poole and De Carvalho and Concerted Action.
The person who causes the injury is at fault for the full extent of whatever harm they have caused, whether or not the extent of harm was foreseeable. Name the rule and case.
What is Unforeseeable extent of harm and Lancaster?
(1)A serious violation of a statute (2)Casual relationship of violation and injury. Name the test and cases.
What is the Baker Test and Michaslki v. Guadamud?