unit 4 seminar
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Unit 4 Seminar. December 1, 2010 Torts. Class Update. Unit 5: Mid-Term Research Assignment 2 3 – 5 pages Application Facts Cases What are your Torts Sources Case Law Statutes. Negligence. Four Elements Duty Breach of Duty Causation Actual Proximate Damages. - PowerPoint PPT PresentationTRANSCRIPT
December 1, 2010Torts
Unit 5: Mid-Term Research Assignment 2
3 – 5 pages Application
Facts Cases
What are your Torts Sources
Case Law Statutes
Four Elements Duty Breach of Duty Causation
Actual Proximate
Damages
P gets nothing if negligent at all Four states (change since 1968) Used to be main rule Problem: Worthy plaintiffs are often
denied recovery and blameworthy D’s get away
1% negligent?
Alternative to all-or-nothing approach of contributory negligence
Reduces by percent Types
Pure 50%
Not as great as Not greater than
Assumption of Risk P who volunteers to take the chance that
harm will occur Last Clear Chance
Limits Contributory Negligence D has an opportunity that is not available to P
to prevent harm and does nothing then still liable
Complete 100% Defense Government Spouse Parent-Child Charity
Duty of Care Negligence does not equal unfavorable
outcome Key = Reasonable
Reasonableness Skill and learning commonly possessed by
members in good standing IN COMMUNITY
Must use diligence and care Professional negligence must be
proximate cause Specialists
Higher standard of care National Standard
Informed Consent Would reasonable person have submitted to
procedure if they knew risks involved Dr. has duty to warn patients of possible
issues with treatment Must state Alternative treatments
Actions Battery Negligence
Additional Tort Negligent or Intentional Elements pg. 260 Seller of car who turns back odometer Buyer Beware
Failure to Disclose Deliberate Concealment
Defendant State of Mind D must know of the falsity of statement or
acted with reckless disregard to the truth Reliance on Misrepresentation
Independent investigation Justifiable Puffery Proximate Cause
Now permitted Same Elements as Intentional
Except for Intent Liability
Negligent Intentional
Innocent Misrepresentation
Additional Tort Pg. 275
D’s interference with P’s interest Private
Enviornmental Public
Unreasonable interference with P’s use and enjoyment of land
Unreasonable: P’s harm outweighs D’s utility Harm caused is substantial
Trespass: Interference with P’s right to possession of property
Nuisance: Interference with right to enjoy property Do not need to physically enter property
Interference with existing contractual relations Lumley v. Gye
Merely offering better price not enough Interference with prospective contractual
relations
Examples
Questions