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Negligence
More Negligence
Joint and Several Liability
Strict Liability
Torts effecting Dignitary Interests
100

Res Ispa Loquitor

  • Event must be of a kind that ordinarily does not occur in the absence of negligence
  • Must be cause within the exclusive control of the ∆
  • It must not have been due to any voluntary action or contribution on the part of π
100
Scope of the Risk Test

an actor’s liability is limited to those harms that result from the risks that made the actor’s conduct tortious

100

What is Release

P completely surrenders their claims, generally using a settlement argument. Bonus points for who can say Texas's law on release of 1 of 4 defendants

100

An activity is abnormally dangerous if:

The activity created a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors AND

The activity is not one of common usage

100

What is Defamatory in tort? 

A false statement published to a third person that adversely affects the plaintiff’s reputation.

What is libel? 

What is slander?

200

What is Market Share Liability 

  • Each D is held liable for the proportion of the judgment represented by its share of the market
200

Majority Rule for Palsgraf

There has to be a logical connection between negligence and the injury. The harm must be in the scope (zone of danger) and reasonably foreseeable 

  • If the victim and/or injury is NOT foreseeable = NO DUTY
200

Mary Carter Agreements

A secret settlements agreement between a plaintiff and a defendant in a multi-defendant case, where the settling defendant continues to defend the lawsuit after settlement and retains some financial interest in the outcome of the litigation

200

Abnormally Dangerous Activites Examples

1.) Blasting

2.) Testing of Rockets

3.) Fireworks displays

4.) Transportation and storage of dangerous substances

5.) Operation of hazardous waste storage facilities

200
What does defamation of a public figure?

Requires proof of actual malice, Reckless disregard for the truth

300

Negligence Per Se

statutory standard of care

  • Class of persons the statute intended to protect?
  • Type of harm the statute intended to protect?
  • Is it appropriate?
300

Dissenting Opinion (minority rule) for Palsgraf

as long as the defendant’s conduct created a risk to the safety of others, and another is in fact injured, the defendant is liable, whether or not the person actually injured was within the risk created

300

3 common Joint and Several liability Tortfeasors

  • Ds who act independently to cause an indivisible harm
  • Ds fail to perform a common duty to P
  • The Ds engaged in concerted activity (conspiracy)
300

Strict Liability Products Cause of Actions

1.) Defendant was the seller

2.) Product was defective

3.) The product has not been altered since leaving the Defendant's control

4.) the plaintiff was making a foreseeable use of the product

300

Intrusion upon Seclusion Elements

(1) Intrusion where a reasonable expectation of privacy exists;

(2) Intrusion is highly offensive to a reasonable person; and

(3) Plaintiff suffered injury as a result of the intrusion.  

Extra points if you can name some places of privacy in the workplace. 

400

Daubert Factors for Expert Witnesses in Cause of Actions

  • Witness qualified as an expert by knowledge, skill, experience, training, or education may testify IF
  • Expert knowledge will help jury understand evidence
  • Testimony based on facts and data
  • Testimony is based on reliable methods
  • Expert reliably applied data to the facts
400

Implied Assumption of the Risk Factors

Actual Knowledge of the risk, appreciation of magnitude of risk, and voluntary assumption of risk

400

New Rule of J&S? is it even J&S now?

No. In most jurisdictions now, each tortfeasors pays only the portion they are responsible for (proportionate liability, allocated liability, etc.)

400

Determining When an Activity is Abnormally Dangerous Factors

  • Existence of a high degree of risk to some harm to the person, land, or chattels of others
  • Likelihood that the harm that results from it will be great
  • Inability to eliminate the risk by the exercise of reasonable care
  • Extent to which the activity is not a matter of common usage
  • Inappropriateness of the activity to the place where it is carries on, and
  • extent to which its value to the community is outweighed by its dangerous activities
400

Workers' Compensation Compromise, what does the employer get (3 word phrase) 

What is exclusive remedy defense?

Bonus if you can explain what this is?

500

Assumption of the Risk, Express Factors

  • Bargaining position
  • Importance of service
  • Adhesion contract
  • Control
500

Independent Contractor v. Employee Factor Test (Multi-factor balancing test) 

  • Supervisory control
  • Length of time to perform the work
  • Payment type
  • Skill required for the job
  • A worker engaged in distinct occupation
  • Whether the work is part of the regular business of hiring party
  • Arrangement of the parties
500

Exceptions to Texas's general abolish of J&S liability 

  • When D is greater than 50% liable (they would be responsible for the entire harm)
  • When D has specific intent to do harm to others acted in concert in certain times (this only applies to criminal cases)
500

Products Liability types of defects

Manufacturing Defect, Design Defect, and Defect in the warning of the product (100 extra points if you can explain what each of theses mean) 

500

Talks about workers Comp what are the pros and cons

Free for all lol (open discussion)