torts - NYU School of Law
... inconvenient way leads to delay, danger ii. No reasonable way out, no force necessary - Coblyn v Kennedy’s Inc 1. Facts: P (70 yr old man) took off scarf (bought in other store), into pocket…when leaving, put it on again, & D grabbed his arm & took him upstairs to store. P had chest & back pains, st ...
... inconvenient way leads to delay, danger ii. No reasonable way out, no force necessary - Coblyn v Kennedy’s Inc 1. Facts: P (70 yr old man) took off scarf (bought in other store), into pocket…when leaving, put it on again, & D grabbed his arm & took him upstairs to store. P had chest & back pains, st ...
Introduction - NYU School of Law
... i. B – The costs of taking the precaution (could be pecuniary or non-) 1. E.g. How much it would cost to buy the extra light bulb to prevent someone stumbling in the dark ii. P: The probability of accident occurring with the precaution iii. L: The loss if the accident occurs (i.e. the gravity of the ...
... i. B – The costs of taking the precaution (could be pecuniary or non-) 1. E.g. How much it would cost to buy the extra light bulb to prevent someone stumbling in the dark ii. P: The probability of accident occurring with the precaution iii. L: The loss if the accident occurs (i.e. the gravity of the ...
26 January 2009
... obligations and performs recklessly, should be held accountable. ii. Currier v. Doran 10th Cir 2001 held Deshaney didn’t apply because removed from mother and placed with father, Deshaney replaced whence removed. State was but-for cause in Currier, not in DeShaney. Currier v. Doran, maybe reckless, ...
... obligations and performs recklessly, should be held accountable. ii. Currier v. Doran 10th Cir 2001 held Deshaney didn’t apply because removed from mother and placed with father, Deshaney replaced whence removed. State was but-for cause in Currier, not in DeShaney. Currier v. Doran, maybe reckless, ...
Pharmacists` Standard of Care in Negligence Law
... duty to take corrective steps under such circumstances. 10 Plaintiffs' heightened expectation of a pharmacist's duty follows the trend in personal injury litigation that favors plaintiff recovery." For example, most jurisdictions have replaced the defense of contributory negligence with comparative ...
... duty to take corrective steps under such circumstances. 10 Plaintiffs' heightened expectation of a pharmacist's duty follows the trend in personal injury litigation that favors plaintiff recovery." For example, most jurisdictions have replaced the defense of contributory negligence with comparative ...
torts - NYU School of Law
... distress, and if bodily harm to the other results from it, for such bodily harm.” When directed at third person, liable if “intentionally or recklessly causes severe emotional distress (a) to member of such person’s immediate family who is present at the time, whether or not such distress results ...
... distress, and if bodily harm to the other results from it, for such bodily harm.” When directed at third person, liable if “intentionally or recklessly causes severe emotional distress (a) to member of such person’s immediate family who is present at the time, whether or not such distress results ...
Torts Outline
... ii. Extreme outrageous nature of the conduct can arise from Δ’s knowledge of the Π’s susceptibility to emotional distress Harm: Most states don’t require that you suffer physical manifestations, so long as you can prove that you sought medical attention (ie: prove you saw a shrink) i. Parasitic da ...
... ii. Extreme outrageous nature of the conduct can arise from Δ’s knowledge of the Π’s susceptibility to emotional distress Harm: Most states don’t require that you suffer physical manifestations, so long as you can prove that you sought medical attention (ie: prove you saw a shrink) i. Parasitic da ...
Self-Defense by Force Threatening Death or
... 1. Act: must be of the actor’s will (volitional movement of the actor’s body). 2. Intent: π must show that intended to cause a touch – (intent to do harm or malice are not necessary) OR that π was substantially certain that a touch would occur from his act. a. Consent: π must not have consented to ...
... 1. Act: must be of the actor’s will (volitional movement of the actor’s body). 2. Intent: π must show that intended to cause a touch – (intent to do harm or malice are not necessary) OR that π was substantially certain that a touch would occur from his act. a. Consent: π must not have consented to ...
4. Intentionality, harm and offense, tort remedies
... o Substantial jury discretion; only set aside as excessive when there’s indication “that it was the result of passion, prejudice, or corruption, or it is clear that the jury disregarded the evidence or the rules of law. o Compensatory damages “compensate an individual for whatever loss of well-bei ...
... o Substantial jury discretion; only set aside as excessive when there’s indication “that it was the result of passion, prejudice, or corruption, or it is clear that the jury disregarded the evidence or the rules of law. o Compensatory damages “compensate an individual for whatever loss of well-bei ...
Intentional Torts – Chapter 2 - Amazon Simple Storage Service (S3)
... 2) False: Separate because P has to prove he was imprisoned and D has to prove it was lawful. Bird v. Jones: P was prevented by police from walking on a public footway that was closed to the public. Court said no false imprisonment as P could go any other direction except on walkway. Total restraint ...
... 2) False: Separate because P has to prove he was imprisoned and D has to prove it was lawful. Bird v. Jones: P was prevented by police from walking on a public footway that was closed to the public. Court said no false imprisonment as P could go any other direction except on walkway. Total restraint ...
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. ...
Goldberg
... 1. It might take several actors to create the injury, each not necessarily liable. ..............16 2. Even if each act a proximate cause, apportionment must be worked out. ..................16 3. Each factor in concurrent causation must be sufficient -- Aldridge v. Goodyear Tire & Rubber .......... ...
... 1. It might take several actors to create the injury, each not necessarily liable. ..............16 2. Even if each act a proximate cause, apportionment must be worked out. ..................16 3. Each factor in concurrent causation must be sufficient -- Aldridge v. Goodyear Tire & Rubber .......... ...
TORTS(2) - Ole Miss LSSB
... b. Example – trespass to land – if enter land by mistake, still liable even if thought it was your land Insanity – not a defense in negligence or intentional tort actions a. Insane people are liable for their intentional actions (same rules as negligence) b. Policy reasons? Encourage those with in ...
... b. Example – trespass to land – if enter land by mistake, still liable even if thought it was your land Insanity – not a defense in negligence or intentional tort actions a. Insane people are liable for their intentional actions (same rules as negligence) b. Policy reasons? Encourage those with in ...
I. INTENTIONAL TORTS - Intent - purposefully causing elements of
... 3. P must be a member of the protected class (breach) - Prescription drug for human eaten by cat and poisons it - cat not part of protected class 4. Harm that occurred must be that which the statute set out to protect (causation) - Don’t drive on Sundays - protects disturbing church, might not imply ...
... 3. P must be a member of the protected class (breach) - Prescription drug for human eaten by cat and poisons it - cat not part of protected class 4. Harm that occurred must be that which the statute set out to protect (causation) - Don’t drive on Sundays - protects disturbing church, might not imply ...
Torts Outline - Washington University School of Law
... 3. Moving party goes to court of common pleas and obtains from them a rule nisi. In this case it is comparable to an “order to show cause.” It’s an ex parte motion, one moves in order to show cause and the opponent does not get to be heard whether the order will issue. An order to the opposing party ...
... 3. Moving party goes to court of common pleas and obtains from them a rule nisi. In this case it is comparable to an “order to show cause.” It’s an ex parte motion, one moves in order to show cause and the opponent does not get to be heard whether the order will issue. An order to the opposing party ...
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 – ...
Manaster Torts Outline
... a. But-for Test does not work – cannot say but for action of one, harm would not have happened b. Substantial Factors Test does not work, because both Ds are equally likely to have shot him ii. Alternative Liability 1. Where the conduct of two or more Ds is tortuous, and harm to P was caused by only ...
... a. But-for Test does not work – cannot say but for action of one, harm would not have happened b. Substantial Factors Test does not work, because both Ds are equally likely to have shot him ii. Alternative Liability 1. Where the conduct of two or more Ds is tortuous, and harm to P was caused by only ...
Torts Outline - Blogs @ Widener Law
... i. D created a dangerous condition, or ii. had actual or constructive knowledge of a dangerous condition. b. Notice of dangerous condition may be established by circumstantial evidence, such as evidence leading to an inference that a substance has been on the floor for a sufficient length of time su ...
... i. D created a dangerous condition, or ii. had actual or constructive knowledge of a dangerous condition. b. Notice of dangerous condition may be established by circumstantial evidence, such as evidence leading to an inference that a substance has been on the floor for a sufficient length of time su ...
Torts Outline - UChicago BLSA
... iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what would have otherwise been an intentional tort ii. To whom consent is given iii. Scope of consent iv. Info-eliciting: impose liability on who can get info ...
... iii. Wallace v. Rosen: consent assumed for all common and “reasonably necessary” contact in ordinary life. B. Consent a. Defense: i. Negates what would have otherwise been an intentional tort ii. To whom consent is given iii. Scope of consent iv. Info-eliciting: impose liability on who can get info ...
Damages - NYU School of Law
... out of car and looked for train): “It is true… that the question of due care very generally is left to the jury. But we are dealing with a standard of conduct, and when the standard is clear it should be laid down once & for all by the Courts.” Pokora v. Wabash Railway Co. (1934): Another grade cros ...
... out of car and looked for train): “It is true… that the question of due care very generally is left to the jury. But we are dealing with a standard of conduct, and when the standard is clear it should be laid down once & for all by the Courts.” Pokora v. Wabash Railway Co. (1934): Another grade cros ...
Torts analytical frameworks
... avoid risks of harm to others") -established by a statute? (think negligence per se) or custom? Breach? -did D exercise due care that a reasonable person would under the circumstances? -does D have any excuse/defense for violating the duty? -if yes, there may not be a breach - Polycentric issue: by ...
... avoid risks of harm to others") -established by a statute? (think negligence per se) or custom? Breach? -did D exercise due care that a reasonable person would under the circumstances? -does D have any excuse/defense for violating the duty? -if yes, there may not be a breach - Polycentric issue: by ...
- UVic LSS
... “To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances.” “The measure of what is reasonable depends on the facts of each case, including the likelihood of a known or foreseeable harm, the gravity ...
... “To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances.” “The measure of what is reasonable depends on the facts of each case, including the likelihood of a known or foreseeable harm, the gravity ...
Word - Washington University School of Law
... entertaining the level of intent required by a normal person, and must have in fact entertained that intent. 1. Court splits the difference of a pro plaintiff and pro defendant rule. Insane person can still get off the hook. 2. For the jury to decide if pltf has ability to entertain intent b. Self d ...
... entertaining the level of intent required by a normal person, and must have in fact entertained that intent. 1. Court splits the difference of a pro plaintiff and pro defendant rule. Insane person can still get off the hook. 2. For the jury to decide if pltf has ability to entertain intent b. Self d ...
Medication Errors
... approved by the pharmacist; Audit trail documentation shall be generated at the time each function is performed If more than one R.Ph. involved, the unique identifier of R.Ph. responsible for the accuracy and appropriateness of each function must be recorded ...
... approved by the pharmacist; Audit trail documentation shall be generated at the time each function is performed If more than one R.Ph. involved, the unique identifier of R.Ph. responsible for the accuracy and appropriateness of each function must be recorded ...