TORTS DTS Final Review Understanding Torts on Amazon Previous Exam Questions Quimbee Exams Negligence Negligence is distinguished from Intent Intent- Negligence- 2 Essential Elements of Negligence. 1. A 2. B Duty of Reasonable Care Duty Based on Relationsihip Limited Duty of Landholder—Trespassers Breach of Duty Only have to modify your behavior to foreseeable risks When you are warned of the risk, it reduces their responsibility to you (almost to zero) Generally, you don’t breach a duty if you expose them to a BLATANT risk You get in trouble if it is an unknown risk, that other can’t see (ex. At night) Risk of harm is unreasonable when a reasonable and prudent person would foresee that harm might result AND would avoid conduct that creates the risk Origins of Strict Liabilty Rylands v. Fletcher o P sued after mine flooded Negligence: Reasonable Person Fictional, hypothetical character used for judging conduct Ordinary knowledge and intelligence o Exception is usually made if D is mentally handicapped o No exception for insanity ( Negligence: Court and Jury In a negligence case, the plaintiff bears the burden of two distinct factors: Negligence: Hand Text and Custom Negligence: Per Se Gorris v. Scott o D Negligence: Res Ipsa Loquitor “The thing speaks for itself”—The occurrence of an accident implies negligence Factors to look at when trying to prove Res Ipsa Loquitor Contributory Negligence 1. In Common Law jurisdictions, 2. In some jurisdictions, Assumption of Risk Lamson v. American Axe & Tool Inc. Comparative Negligence Statutory in nature—will be stated as a fact on the exam Joint and Several Liablility Who pays what? P can enforce claim against either tortfeasor Cause in Fact Reynolds v Texas – woman tripped on stairwell with no light while rushing for the train New York Central R.R. v. Grimstad – Cause in Fact: Multiple Causes Summers v. Tice Cause in Fact: Mass Torts Alternative liability Coincidental liability Enterprise liability Market Share liability Proximate Cause P must prove in a negligence case that her harm fell within the scope of D’s liability. D only liable: o For types of injuries forseeably Proximate Cause: Causal Link Proximate Cause: Foreseeability Is it foreseeable or not? Affirmative Duties and Special Relationships Landlords have duty to take steps to protect tenants from foreseeable Duties of Landowners Trespassers Trespassing Children Licensee Invitee Strict Liability Gehrts v. Batteen Spano v. Perini Corp Intentional Torts Battery Assault Intentional Infliction of Emotional Distress Fraud and Misrepresentation Vulcan Metals Co. v. Simmons Manufacturing Co. Product Liability Origins If no duty to person, then no product liability Product Liability: Duty to Warn Often duty to warn even when danger is clear
