Intentional Torts – Chapter 2 - Amazon Simple Storage Service (S3)
... Garret v. Daly: 5 year old child moved a chair; judge ruled that the mere absence of intent does not absolve one from liability (child did not desire consequences). Intent: is extended to people who know with substantial certainty the consequences of their act. Carnes v. Thompson: The court ruled th ...
... Garret v. Daly: 5 year old child moved a chair; judge ruled that the mere absence of intent does not absolve one from liability (child did not desire consequences). Intent: is extended to people who know with substantial certainty the consequences of their act. Carnes v. Thompson: The court ruled th ...
Torts Outline
... i. To spam someone with 10K emails and it clogged up their inbox, this would be trespass to chattels Act: unauthorized interference with personal property Intent: intent to interfere with the chattel. Court finds computer system chattel and not real property. Since no harm to system itself (li ...
... i. To spam someone with 10K emails and it clogged up their inbox, this would be trespass to chattels Act: unauthorized interference with personal property Intent: intent to interfere with the chattel. Court finds computer system chattel and not real property. Since no harm to system itself (li ...
View - American University Washington College of Law
... from a fire that started in one of the defendant’s hay stacks. Plaintiff alleged the defendant had behaved negligently by placing the hay so near the plaintiff’s cottage in light of the dry condition of the hay. RULE OF LAW: “Instead, therefore, of saying that the liability for negligence should be ...
... from a fire that started in one of the defendant’s hay stacks. Plaintiff alleged the defendant had behaved negligently by placing the hay so near the plaintiff’s cottage in light of the dry condition of the hay. RULE OF LAW: “Instead, therefore, of saying that the liability for negligence should be ...
Torts - Free Law School Outlines
... Is there battery or assault? (Purpose/knowledge? Harmful/offensive contact? Apprehension? Self-defense?) Is there intentional infliction of emotional distress? (Outrageous conduct? Reckless mens rea?) Is there an intentional taking of property? (Emergency?) Is there a trespass or nuisance? (Infringe ...
... Is there battery or assault? (Purpose/knowledge? Harmful/offensive contact? Apprehension? Self-defense?) Is there intentional infliction of emotional distress? (Outrageous conduct? Reckless mens rea?) Is there an intentional taking of property? (Emergency?) Is there a trespass or nuisance? (Infringe ...
Self-Defense by Force Threatening Death or
... for P on the breach of fiduciary duty, disclosure, and lack of informed consent. Human biological materials don’t = personal property. They exist in a class of their own (sui generis). Also detriment to the medical research industry would be great if conversion held against Ds. III. EMOTIONAL HARMS ...
... for P on the breach of fiduciary duty, disclosure, and lack of informed consent. Human biological materials don’t = personal property. They exist in a class of their own (sui generis). Also detriment to the medical research industry would be great if conversion held against Ds. III. EMOTIONAL HARMS ...
Recent work by Hanoch Sheinman (2013
... It is sometimes said that corrective justice is more important to the normative foundation of tort law than distributive justice. This paper argues that tort law's distributive justice is corrective justice. It offers an account of the Aristotelian distinction in which corrective justice is a distin ...
... It is sometimes said that corrective justice is more important to the normative foundation of tort law than distributive justice. This paper argues that tort law's distributive justice is corrective justice. It offers an account of the Aristotelian distinction in which corrective justice is a distin ...
Section 2 Police Response
... injuries resulting to a particular class of individuals, of which the plaintiff is a member, from failure to enforce certain laws; or 3. a plaintiff alleges a cause of action involving intent, malice, or reckless conduct ...
... injuries resulting to a particular class of individuals, of which the plaintiff is a member, from failure to enforce certain laws; or 3. a plaintiff alleges a cause of action involving intent, malice, or reckless conduct ...
Torts Outline - Washington University School of Law
... United States v. Carroll Towing (negligent care for barge, sink and lose cargo admiralty case). This is not a common law case, but rather tried in court of Admiralty. Originally in England, admiralty cases were heard by a board of admiralty generally composed of Admirals. It has to do with liability ...
... United States v. Carroll Towing (negligent care for barge, sink and lose cargo admiralty case). This is not a common law case, but rather tried in court of Admiralty. Originally in England, admiralty cases were heard by a board of admiralty generally composed of Admirals. It has to do with liability ...
4. Intentionality, harm and offense, tort remedies
... cause defendants or their children to be at an increased risk for cancer. The P’s brought three claims, the only one of which the court allows to survive is a battery claim. The first claim was for battery, the second for negligence for failure to warn, and the third a strict liability claim for pro ...
... cause defendants or their children to be at an increased risk for cancer. The P’s brought three claims, the only one of which the court allows to survive is a battery claim. The first claim was for battery, the second for negligence for failure to warn, and the third a strict liability claim for pro ...
The Public Readiness and Preparedness Act (PREP): What you need to know (PDF: 38KB/2 page)
... The Public Readiness and Preparedness Act (PREP): What you need to know – Page 2 epidemics, or any biological, chemical, radiological, or nuclear threat. ...
... The Public Readiness and Preparedness Act (PREP): What you need to know – Page 2 epidemics, or any biological, chemical, radiological, or nuclear threat. ...
File - Marie Hoffman
... Torts of strict liability – Liability imposed apart from any theory that the defendant was negligent (unleashed a dangerous instrumentality & it hurt someone --- doesn’t matter if it was negligent.) ...
... Torts of strict liability – Liability imposed apart from any theory that the defendant was negligent (unleashed a dangerous instrumentality & it hurt someone --- doesn’t matter if it was negligent.) ...
Employees Excess Liability Insurance
... University employees (including volunteers and agents in certain situations) has been renewed. The policy limits are $10,000,000 per occurrence, $10,000,000 annual aggregate with a $1,000,000 retention per claim. The premium for this coverage is paid by the University with no individual cost to the ...
... University employees (including volunteers and agents in certain situations) has been renewed. The policy limits are $10,000,000 per occurrence, $10,000,000 annual aggregate with a $1,000,000 retention per claim. The premium for this coverage is paid by the University with no individual cost to the ...
Levinson - NYU School of Law
... b. Pain and suffering is “dubiously compensatory” and should be thought of as “symbolic recognition” i. But why is money used to recognize a wrong? 5. Anchoring the jury a. Some cases hold you can suggest a damage calculation to the jury - Debus v. Grand Union b. Others worry it is too prejudicial – ...
... b. Pain and suffering is “dubiously compensatory” and should be thought of as “symbolic recognition” i. But why is money used to recognize a wrong? 5. Anchoring the jury a. Some cases hold you can suggest a damage calculation to the jury - Debus v. Grand Union b. Others worry it is too prejudicial – ...
torts - NYU School of Law
... custody.) Court said a demonstration of physical power such that a person feels obligated to comply is sufficient to constitute the general restraint requirement of false imprisonment. c. Willfully and without justification doing an act calculated to cause grave effect is actionable. i. Wilkinson v. ...
... custody.) Court said a demonstration of physical power such that a person feels obligated to comply is sufficient to constitute the general restraint requirement of false imprisonment. c. Willfully and without justification doing an act calculated to cause grave effect is actionable. i. Wilkinson v. ...
torts - GW SBA
... Pate v. Threlkel (n3, 147): D surgeon should have known that patient’s adult children could likely develop carcinoma. RULE: Dr. had duty to inform adult children of patient that they had a genetic predisposition for the same kind of cancer found in parent. Safer v. Pack (handout): Dr. had duty to wa ...
... Pate v. Threlkel (n3, 147): D surgeon should have known that patient’s adult children could likely develop carcinoma. RULE: Dr. had duty to inform adult children of patient that they had a genetic predisposition for the same kind of cancer found in parent. Safer v. Pack (handout): Dr. had duty to wa ...
Chapter 19 -
... • Some legal defenses can defeat a claim for damages: – The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so – Under the assumpt ...
... • Some legal defenses can defeat a claim for damages: – The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so – Under the assumpt ...
Goldberg
... 3. Examples of other concurrent causation: Thomas v Winchester; Mussivand ...... Error! Bookmark not defined. F. Concurrent causation doesn’t necessarily mean proximate causation. ..........................16 1. It might take several actors to create the injury, each not necessarily liable. ........ ...
... 3. Examples of other concurrent causation: Thomas v Winchester; Mussivand ...... Error! Bookmark not defined. F. Concurrent causation doesn’t necessarily mean proximate causation. ..........................16 1. It might take several actors to create the injury, each not necessarily liable. ........ ...
Y2K AND BEYOND -THE FUTURE OF LAW FOR PROFESSIONALS
... Economic downturn causes claims because those who can make profits on a rising market find that they cannot do so in a falling one. The Property Market Recession or economic downturn tends to affect the property market most dramatically since it is inherently unstable. One of the factors driving pre ...
... Economic downturn causes claims because those who can make profits on a rising market find that they cannot do so in a falling one. The Property Market Recession or economic downturn tends to affect the property market most dramatically since it is inherently unstable. One of the factors driving pre ...
- UVic LSS
... “the question is whether the facts disclose a relationship of proximity in which failure to take reasonable care might foreseeably cause loss or harm to the plaintiff” (Hill) Misfeasance + Foreseeable Physical harm = prima facie duty of care (passes STAGE ONE) “overt act of the defendant…directl ...
... “the question is whether the facts disclose a relationship of proximity in which failure to take reasonable care might foreseeably cause loss or harm to the plaintiff” (Hill) Misfeasance + Foreseeable Physical harm = prima facie duty of care (passes STAGE ONE) “overt act of the defendant…directl ...
Damages - NYU School of Law
... recoverable in damages, the cost of negligence would be less to the tortfeasors and there would be more negligence…and hence higher social costs” *But note that in wrongful death and survival actions the victim’s pain and suffering is not included in damages—so limits the deterrent effect? but Jaf ...
... recoverable in damages, the cost of negligence would be less to the tortfeasors and there would be more negligence…and hence higher social costs” *But note that in wrongful death and survival actions the victim’s pain and suffering is not included in damages—so limits the deterrent effect? but Jaf ...
Law-140-Torts-Sutherland-by-Plonka-brief-term-2
... Medical Treatment: Competent informed individual should have power to give/take conditional consent to treatments (not) to have; Consent not given if treatment misrepresented, exceeded etc.: Malette v. Shulman (J.W. blood) emergency consent implied, but patient’s right (in wallet card etc) is absolu ...
... Medical Treatment: Competent informed individual should have power to give/take conditional consent to treatments (not) to have; Consent not given if treatment misrepresented, exceeded etc.: Malette v. Shulman (J.W. blood) emergency consent implied, but patient’s right (in wallet card etc) is absolu ...
Medical/Legal Issues & Professional Ethics
... Tort – Civil wrong committed by one individual against another. May be classified as either intentional or unintentional. This type of claim arises from a breach of duty. Assault – Any willful attempt or threat to inflict injury on the person and any intentional display of force that would give the ...
... Tort – Civil wrong committed by one individual against another. May be classified as either intentional or unintentional. This type of claim arises from a breach of duty. Assault – Any willful attempt or threat to inflict injury on the person and any intentional display of force that would give the ...
negligence: the employer`s duties
... that duty (Deane J dissenting) The majority held that it was not a non-delegable duty. There is in Australian law no strict liability for extra-hazardous activities. Mason J wrote the leading judgement in Kondis and distinguished that case in Brodribb: Brodribb did not have the requisite con ...
... that duty (Deane J dissenting) The majority held that it was not a non-delegable duty. There is in Australian law no strict liability for extra-hazardous activities. Mason J wrote the leading judgement in Kondis and distinguished that case in Brodribb: Brodribb did not have the requisite con ...