______________’s
claims against
___________
______________’s
claims against
___________
______________’s
claims against
___________
______________’s
claims against
___________
______________’s
claims against
___________
______________’s
claims against
___________
What DUTIES does_____owe
_____?
What DUTIES does_____owe
_____?
What DUTIES does_____owe
_____?
Reasonable care:
Affirmative Duty:
Special Relationship:
Custom:
Reasonable care:
Affirmative Duty:
Special Relationship
Custom
Reasonable care:
Affirmative Duty:
Special Relationship
Custom
Did ______ BREACH these duties?
Did ______ BREACH these duties?
Did ______ BREACH these duties?
Did _________’s action CAUSE the Did _________’s action CAUSE the Did _________’s action CAUSE the
tortious injury?
tortious injury?
tortious injury?
Cause in Fact: But-for Test
Proximate Cause:
RTT and Wagonmound: reasonably
forseeable
Polemis: direct consequence
Look to restatements
Cause in Fact: But-for Test
Proximate Cause:
RTT and Wagonmound: reasonably
forseeable
Polemis: direct consequence
Look to restatements
Cause in Fact: But-for Test
Proximate Cause:
RTT and Wagonmound: reasonably
forseeable
Polemis: direct consequence
Look to restatements
What are the DAMAGES?
Several liability
Indemnity
What are the DAMAGES?
Several Liability
Indemnity
What are the DAMAGES?
Several Liability
Indemnity
•
•
•
INTENTIONAL TORTS
Battery (page 2)
o A may claim that B committed a battery. A will attempt to show that B intended
to touch A and did so touch, which satisfies the elements of battery under the
single intent doctrine in RTT. (Facts)
o Complication:
§ (RST)Dual intent: intended to cause harmful or offensive touching and
did so touch
§ Transferred intent: is a third party touched? Talmadge throwing stick.
o Defenses:
§ Consent:
• can be explicit or implied
• Objective test: would a reasonable person consent?
• Athletic contest? within ordinary activity of the game
• Medical Consent?
• Is substituted consent b/c minor or unconscious?
§ Mental Disability
• Usually not a defense
• Did the person have intent?
o Insane patient strikes nurse? yes
o sleepwalking? no
§ Self Defense
• proportionate force
• Would a reasonable person believe they were in danger?
§ Defense of Property
• cannot cause serious bodily harm here, unless people are present
on property
Assault (page 2)
o A may claim that B committed an assault. A will need to show that B intended to
cause harmful or offensive contact OR imminent apprehension of contact and the
act creates apprehension. (facts)
o Defenses
§ Consent
§ Mental Disability
§ Self Defense
§ Defense of Property
Trespass to Land (page 3)
o A may claim that B trespassed his land. A will need to show that B entered onto
his land without A’s consent. Facts
o Defenses
§ Consent
§ Mental Disability
§ Self-Defense
§ Necessity
• preserve human life, retake property, avoid obstruction in path,
preserve goods in danger of destruction
• Public Necessity
• Private Necessity: Plough, but must pay for use
•
•
•
•
False Imprisonment (Page 4)
o A may claim that B committed false imprisonment. A will try to show that B
inhibited A’s freedom of the movement and A was knowledgeable of that
imprisonment. When B (facts) he inhibited A’s freedom of movement, and when
A (facts), he exhibited knowledge of his imprisonment.
o Defenses
§ Consent: mine workers
§ Merchant’s privileges
• reasonable grounds
• reasonable time
• reasonable manner
§ Minors
• if you are entrusted with care, you can restrain
Intentional Infliction of Emotional Distress (page 5)
o A may claim that B intentionally inflicted emotional distress. A will try to show
that he suffered Severe emotional distress, that B was intentional or reckless in his
act and that the act was extreme or outrageous. (Facts)
o Defenses
§ ?
Trespass to Chattels
o A may claim that B committed trespass to chattels. To show this, A will claim
that B interfered with their possession of property and caused injury to the
property. (Facts)
o Defenses
Conversion
o A may claim that B’s actions are conversion. Conversion is present when one
party exercises control over the possession of property. (facts)
o Defenses
Negligence
General: Utility and BPL; Fairness, deterrence
Duty:
• Reasonable Person
o special skills?
§ Professional
o minors
o disabilities
• Custom
o Medical?
• Statutes
o Does statute protect this situation or person
• Affirmative duties
o Owners
o Reliance
o Privity
o Special Relationships
o Undertaking
o Complex Act
o Endangering and not helping
Breach
•
•
Res Ipsa Loquitor
Defenses
o Contributory Negligence
§ Last clear chance
o Assumption of Risk
o Comparative Negligence
o Exculpatory Clause
Causation
• Cause in Face (But-For test)
o injury would not have happened
o plaintiff has burden to show causation
§ is there a statute that has been violated?
§ are there multiple sufficient causes?
o Indeterminate causes
o Multiple Sufficient Causes
o Increased risk Doctrine
o Expert Testimony
• Proximate Cause
o Two approaches
§ Majority: Wagon Mound and RTT 29: Reasonably Foreseeable
Consequences
§ Minority: Polemis and direct consequences
o Elaborations and Exceptions
§ Coincidence
§ Intervening/Superseding causes
§ Medical Aid
§ Rescuers
§ Thin Skull
• Negligent Infliction of Emotional Distress
Damages
• Multiple Defendants
o several liability
§ indemnity
§ Several liability
§ Market Share liability
• Respondeat Superior