REMEMBER TO ALWAYS MENTION INTENTIONAL TORTS (harm substantially certain) WITH CAUSATION ANALYSIS, PLAIN OLD NEGLIGENCE!!! offense against offense against TURN OVER EVERY LEAF!!! 1 1 possession 1 ownership 2 2 Battery Trespass Conversion Offensive Battery Assault intentional entry/substantial certainty Conversion requires attempt by 3rd party to claim ownership conversion: converting real P into personal trespass to chattels: vandalism (lesser DEFENSES TO INTENTIONAL TORTS P / treating someone else's P as your own ear, phlebitis, 5 5 2nd vaccine, 3 implied selfkidney insanity transplants, consent defense (not a herpes, Dr. (medicine (even w/ defense) assisted & sports) 3rd party) suicide/life Jewelry store support illegal boxing,
mean joke, gas man, Dr./people outside in rain, debt offense) no intent to harm/claim owner req'd collectors, no changing locks, breach sexual of peace 7 6 7 8 harrasment, necessity intentional not for false recapture (servant infliction of parodies of imprisonof chattels cuts rope emotional political (only if no ment claim of right) (awareness?) loose) distress figures Outrageous!! OK if force/fraud privileged, but Ds shoplifting, missed train
6 defense of property (only force necessary) no spring guns rule infractions STRICT LIABILITY VS. NEGLIGENCE: HISTORY / ANALYTICAL IMPORTANCE READ CAREFULLY!!! escape of dangerous substance 10 11 12 13 Early Cases (e.g. Modern Approach (e.g. American Cases Recent Hard Cases Thorns, inevitable dogs and stick, Rylands) Rylands/Cairns as Bolton v. Stone (low risk accident, lighted squib) ultrahazardous activities reasonable/unreasonable events), epileptic driver B Bramwell ramwell right to be free of foreign water B Blackburn lackburn likelihood of mischief is (1) intention unlawful (2) at fault Δ parents not vicariously liable, if it escapes Cairns Cairns natural vs. unnatural but special duty? negl.? THE CONCEPT OF NEGLIGENCE Osborne: 1) purpose of statute 2) protected class 3) w/in type of accident adults, elderly, children, disabled, mentally ill Batman (foreseeable) ↑ ↑ 14 15 15 17 18 19 21 23 23 reasonasudden calculus custom informed violation Res ipsa customary dram bleness emerof risk in consent of loquitur care (TJ statute standard gency (B
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P boundary
what if…
res ipsa (1) usu. negl. (2) exclusive control (3) no π contribution
all of the facts flour barrel, hotel guests, drunk pilot, cigarette fire, rolling logs, tonsil, escalator, cortisone shots, muscle atrophy, rongeur break (generally all potential Δs must be joined, but not w/rongeur)
Bernina fellow servant 31 27 29 29 30 31 contributory assumption of comparative imputed contrib. last clear chance 2 fires arbitration negl. (speeding risk (primary, negligence (e.g., converge; (wagon on tracks, negl. (but not clauses man ran over 3x) even fellow empl.) horse, pole) secondary) pure, modified) coat on fire, ↑ vibrating hatchet rack, fellow servant, flopper, ice rink Summers v. "community of interest " not empl. dangers fishmeal Tice platform collapse no causation MULTIPLE DEFENDANTS (plus vicarious liability) (alternative also not wearing seatbelts direct negl. theory, hostile liability); work environ. e.g. goosing apportionment 32 only when both definitely contributed 34 Joint and Several Liability (differs by state) Vicarious Liability ("Respondeat Superior") (joint enterprise) can be similar CA – J&S with contribution – each still 100% liable incl. negl. indep. K doing dangerous work to market CAUSE IN FACT HMO – apparent/implied authority share liability but definite also ER Dr. / newspaper boy court as expert witness known "gatekeeper" 39 37 38 38 38 40 41 contribution Rescue at Sea Statutory Lost Chance Multiple Causes, e.g. quantity Slip and Fall (but Products Liability (no life buoys, Violations Doctrine Apportionment of pollution no Ds for lesser seat belt 2 theories, precaution, tub) drugs, asbestos but causation?) Negl. per se (Herskovits) market share liab market share 42 Osborne (poison, p. 21); pharmacy overdose Bendectin, exposure?, weird mice studies concert of action liab. is when actual cause 41/42(Sykes) jumping to avoid accident PROXIMATE CAUSE AND THE SCOPE OF DUTY unknown Cardozo: danger invites rescue 3 theories (1) directness (2) foreseeability (3) harm w/in risk 42 43 43 44 45 43 46 46 oil fire, molten foreseeable intervention Polemis Wagon until Palsgraf – fire cases metal on lip coincidence train past stop, rape; (plank hits Mound situation (usually only explosives (cancer) thin no duty to tree falls on 1st house it dynamite caps; match gas boat) (foresee- skull π OK no duty to stabilized rescue unless speeding train spreads to) party harmed (e.g. wreck) spill; things stolen from train directness able Ds) you create the even intentional tort doesn't necessarily break causal chain see also rescue US standard: situation, e.g. customer? wreck, stalled ATTRACTIVE NUISANCE? SPECIAL DUTIES OF CARE RR harm w/in risk: negl. foreseeable parent? cars (even if Ds w/in foreseeable type not degree reasonable Important anytime someone is hurt on someone else's P implied licensee? watchman not negl.) or if (boat loose) care to protect 47 49 foreseeable? 51 e.g. Moch, hydrant 54 you begin to business Rescue situations Possessors of Land "Gratuitous" Promises Special Relationships help someone visitors from psych. Tarasoff; disk jockey; (1) invitee (2) licensee (3) trespasser increased harm or reliance e.g. sick 3rd persons/ college, business, landlord Note: DO NOT apply comparative POCKETS OF STRICT LIABILITY animals §344 negligence analysis to strict liability!!! assumption of risk harm w/in risk, mink Cyanamid Ds, lessor or lessee? "ancient 56 57 59 judges decide 62/67 lights"; ? of law Trespass/Conversion Dangerous Animals Abnormally Dangerous Nuisance (Private and fishermen, no (spleen, wine barrels) dogs, cattle fence range Activities (explosives) Public) (unreasonable?) public requires actual Ds (can be caused by 3d parties, thieves) exception to eggshell skull rule nuisance Prospective Design defects/warnings negl. analysis PRODUCTS LIABILITY (see also causation) usually any substantial harm (econ losses) Economic (some juris. allow comparative negl.) Advantage components e.g. concrete unreasonable but duty; not for natural Rule: 68/71 cannot sue sub 73 no suit against sub 76 occurrences economic Restatements §402A consumer Manufacturing and Design Defects, e.g. Inadequate Warnings (birth control & e.g. bugs, losses must contemplation; 3d Rest. negl. analysis used, second collision, obvious danger vaccines, sufficiency of warnings) wind blowing be tied to fan in car, VW seat, bulletproof vest, printing press baby oil, do not breathe dust from Casa Clara – no Ds for pure econ. losses, actual cleared land; e.g. D to product itself (salty concrete) – DAMAGES DUTY TO BE SPECIFIC IN no liability for physical only for D to other P/injury MITIGATE DISCUSSING Ds!!! also % likelihood not working natural injury/Ds or 78 79 wanton, reckless apply accurately to facts conditions of cook injured: adjust for inflation (discount rate/wages) no recover Compensatory (loss of enjoyment, per diem, taxes) Punitive (1) actual knowledge (2) disregard; BMW paint case land §363
