torts - NYU School of Law
... b. Facts: D cut thorns on his property, & they fell against his will onto P’s property, so D went there & took em back, though walked on P’s crops. c. Held: Doin lawful act that causes injury makes U liable, as fault (wrongful intent or neg) isn’t required for trespass – only intentional injuries ar ...
... b. Facts: D cut thorns on his property, & they fell against his will onto P’s property, so D went there & took em back, though walked on P’s crops. c. Held: Doin lawful act that causes injury makes U liable, as fault (wrongful intent or neg) isn’t required for trespass – only intentional injuries ar ...
From Enactment to Mariner: Does the Statutory Business Judgment
... standard of review while simultaneously encouraging legitimate risk-taking. An analysis of the case law reveals a fundamental tension between the intended purposes of the provision, such that the rule has created further complexity rather than granting directors greater certainty in respect of their ...
... standard of review while simultaneously encouraging legitimate risk-taking. An analysis of the case law reveals a fundamental tension between the intended purposes of the provision, such that the rule has created further complexity rather than granting directors greater certainty in respect of their ...
26 January 2009
... ii. Steal from property law in premises liability field in Rowland v. Christian. 2. No affirmative duty even for easy rescues absent special circumstance or relationship a. Buch v. Armory NH 1897. 8 year old P, trespassed in D’s mill, employee told him to leave but didn’t kick him out. On appeal, JN ...
... ii. Steal from property law in premises liability field in Rowland v. Christian. 2. No affirmative duty even for easy rescues absent special circumstance or relationship a. Buch v. Armory NH 1897. 8 year old P, trespassed in D’s mill, employee told him to leave but didn’t kick him out. On appeal, JN ...
Introduction - NYU School of Law
... b. Operation by different doctor = Battery. Grabowski v. Quigley – Ψ believed he would be operated on by Dr. Quigley. Ψ placed under anesthesia, then Dr. Quigley is MIA. i. Ct: Patient alleges facts which, if true, show consent was not given to Bailes and/or Quigley to perform the surgery as it was ...
... b. Operation by different doctor = Battery. Grabowski v. Quigley – Ψ believed he would be operated on by Dr. Quigley. Ψ placed under anesthesia, then Dr. Quigley is MIA. i. Ct: Patient alleges facts which, if true, show consent was not given to Bailes and/or Quigley to perform the surgery as it was ...
Pharmacists` Standard of Care in Negligence Law
... trend in personal injury litigation that favors plaintiff recovery." For example, most jurisdictions have replaced the defense of contributory negligence with comparative negligence,'12 allowing plaintiffs to recover damages in spite of their own negligence. 13 Some courts have held manufacturers st ...
... trend in personal injury litigation that favors plaintiff recovery." For example, most jurisdictions have replaced the defense of contributory negligence with comparative negligence,'12 allowing plaintiffs to recover damages in spite of their own negligence. 13 Some courts have held manufacturers st ...
Self-Defense by Force Threatening Death or
... - actions that are in excess of the authority granted to private citizens can amount to false imprisonment - the ability to make a citizen’s arrest is covered by statutes in most states (must be a felony), but in some states this power is governed by common law. Shoplifters - shoplifting is usually ...
... - actions that are in excess of the authority granted to private citizens can amount to false imprisonment - the ability to make a citizen’s arrest is covered by statutes in most states (must be a felony), but in some states this power is governed by common law. Shoplifters - shoplifting is usually ...
The Communities That Make Standards of Care Possible
... accounts, not to notice the pain that afflicts losers in our bipolar negligence-claim game, and to overlook institutional costs that make even prevailing parties feel that they have suffered a defeat. (Those of us who like to describe American negligence law as a "lottery"4 may have a better-than-ty ...
... accounts, not to notice the pain that afflicts losers in our bipolar negligence-claim game, and to overlook institutional costs that make even prevailing parties feel that they have suffered a defeat. (Those of us who like to describe American negligence law as a "lottery"4 may have a better-than-ty ...
Torts - Free Law School Outlines
... iii. If one D settles in suit with more than one liable D, huge problems with getting proportional contribution from other Ds c. Mass tort (can’t identify particular manufacturer or exact cause, just increased likelihood of risk) i. Don't have to attribute specific manufacturer to specific cause -- ...
... iii. If one D settles in suit with more than one liable D, huge problems with getting proportional contribution from other Ds c. Mass tort (can’t identify particular manufacturer or exact cause, just increased likelihood of risk) i. Don't have to attribute specific manufacturer to specific cause -- ...
4. Intentionality, harm and offense, tort remedies
... 5. Offensive contact, consent in general............................................................................................................................... 5 6. Medical consent, self-defense, privilege generally ............................................................................ ...
... 5. Offensive contact, consent in general............................................................................................................................... 5 6. Medical consent, self-defense, privilege generally ............................................................................ ...
d - Free Law School Outlines
... (5) Custom – If ∆ can show that it was customary for one in the П’s position to consent to a certain act by the ∆, there will be consent even if the П made no objective manifestation of consent in the particular case – public fishing in small ponds (6) Inaction – there may be circumstances where ina ...
... (5) Custom – If ∆ can show that it was customary for one in the П’s position to consent to a certain act by the ∆, there will be consent even if the П made no objective manifestation of consent in the particular case – public fishing in small ponds (6) Inaction – there may be circumstances where ina ...
torts - NYU School of Law
... 35,000 current employees criticizing Intel’s employment practices. No physical harm nor functional disruption to company’s computers Content of messages caused disruption D claimed lost productivity Court found no tort injury was not to computers “Such an electronic communication does no ...
... 35,000 current employees criticizing Intel’s employment practices. No physical harm nor functional disruption to company’s computers Content of messages caused disruption D claimed lost productivity Court found no tort injury was not to computers “Such an electronic communication does no ...
Intentional Torts – Chapter 2 - Amazon Simple Storage Service (S3)
... I. DES & Wife v. W. DE S: D wanted into a tavern, P stuck her head out a window and D swung a hatchet at her but missed. Court said liability still existed = physical contact is not required. Stephens v. Myers: Even though Myers could not physically reach Stephens, Stephens objectively had to feel h ...
... I. DES & Wife v. W. DE S: D wanted into a tavern, P stuck her head out a window and D swung a hatchet at her but missed. Court said liability still existed = physical contact is not required. Stephens v. Myers: Even though Myers could not physically reach Stephens, Stephens objectively had to feel h ...
Torts
... Civil law doesn’t make this distinction b/n misfeasance and nondeasance. Civil law assumes obligation and looks at fault right away. 1457’s approach is that you should act because a reasonable person would help out and in failing to do it, you have acted with fault. ...
... Civil law doesn’t make this distinction b/n misfeasance and nondeasance. Civil law assumes obligation and looks at fault right away. 1457’s approach is that you should act because a reasonable person would help out and in failing to do it, you have acted with fault. ...
Torts Outline
... Act: Unlawful action to intentionally cause confinement or restraint w/in a bounded area i. Classic situation: A gets B to enter confined space, then locks door. ii. B must be aware of confinement for tort. (a) Exception: If B is injured b/c of confinement, then no “A” requirement for awareness. T ...
... Act: Unlawful action to intentionally cause confinement or restraint w/in a bounded area i. Classic situation: A gets B to enter confined space, then locks door. ii. B must be aware of confinement for tort. (a) Exception: If B is injured b/c of confinement, then no “A” requirement for awareness. T ...
Goldberg
... Andrews/Friendly/Prosser doctrine, originally expansion, to shrink ................................19 4. Private right of action under 4th Amend -- Bivens v. Six Unknown Named Agents......19 VII. Defenses to negligence ................................................................................ ...
... Andrews/Friendly/Prosser doctrine, originally expansion, to shrink ................................19 4. Private right of action under 4th Amend -- Bivens v. Six Unknown Named Agents......19 VII. Defenses to negligence ................................................................................ ...
Chapter 11 Agency
... No formality required, however agency agreements for more than one year must be in writing. Also equal dignity rule may require a writing. Power of attorney. ...
... No formality required, however agency agreements for more than one year must be in writing. Also equal dignity rule may require a writing. Power of attorney. ...
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 ...
Reduction in damages according to article 77 CISG
... In this regard, the seller asked the Court to dismiss the buyer’s claim. As follows from the materials of the case, the buyer did not provide the seller with documents confirming the validity of the claims in time and, accordingly, did not receive necessary information from the seller which could be ...
... In this regard, the seller asked the Court to dismiss the buyer’s claim. As follows from the materials of the case, the buyer did not provide the seller with documents confirming the validity of the claims in time and, accordingly, did not receive necessary information from the seller which could be ...
Torts and Damages
... Up to now, everything discussed has related to contract liabilities- voluntary assumptions of obligation and risk Tort duties are legal liabilities independent of contract standing- apply to involuntary assumption of liability and risk Tortfeasor- party who breaches a tort duty Victim-party sufferin ...
... Up to now, everything discussed has related to contract liabilities- voluntary assumptions of obligation and risk Tort duties are legal liabilities independent of contract standing- apply to involuntary assumption of liability and risk Tortfeasor- party who breaches a tort duty Victim-party sufferin ...
Torts and Damages
... Reasonableness standard protects to some degree Misrepresentation of fact is a special form of negligence when no reasonable grounds for believing a statement can be found Statement issued as fact (“this drug is safe”) Statement is false (drug causes heart problem) No reasonable grounds for be ...
... Reasonableness standard protects to some degree Misrepresentation of fact is a special form of negligence when no reasonable grounds for believing a statement can be found Statement issued as fact (“this drug is safe”) Statement is false (drug causes heart problem) No reasonable grounds for be ...
Implied Duty of Good Faith
... Petroleum N L,6 Buchanan JA of the Victorian Supreme Court appeared to accept that a duty of good faith could be implied into some contracts. However, his Honour was reluctant to conclude that this duty should be implied as a matter of law, so as to apply to all rights and powers conferred by a comm ...
... Petroleum N L,6 Buchanan JA of the Victorian Supreme Court appeared to accept that a duty of good faith could be implied into some contracts. However, his Honour was reluctant to conclude that this duty should be implied as a matter of law, so as to apply to all rights and powers conferred by a comm ...
torts - NYU School of Law
... husband was seriously injured in an accident and P suffered a violent emotional and physical shock, with injury.) ...
... husband was seriously injured in an accident and P suffered a violent emotional and physical shock, with injury.) ...
- LSS | Cans DB
... sort of careless conduct. You couldn’t bring an action unless you had a writ Stevenson, who is the producer of the drink, is responsible, should compensate her for the harm caused. Donoghue tries to sue Stevenson who owed a duty of reasonable care that the ginger beer he produced and marketed did no ...
... sort of careless conduct. You couldn’t bring an action unless you had a writ Stevenson, who is the producer of the drink, is responsible, should compensate her for the harm caused. Donoghue tries to sue Stevenson who owed a duty of reasonable care that the ginger beer he produced and marketed did no ...
intentional torts - NYU School of Law
... a. def: intentional exercise of control over chattel so serious that the actor may justly be required to repay the full value of the chattel. i. Can be brought by any party claiming ownership rights, whereas trespass-to-chattels can only be brought by parties in possession. b. different from trespas ...
... a. def: intentional exercise of control over chattel so serious that the actor may justly be required to repay the full value of the chattel. i. Can be brought by any party claiming ownership rights, whereas trespass-to-chattels can only be brought by parties in possession. b. different from trespas ...
Stovin and another (Respondent) v. Norfolk County Council
... and fiduciary relationships. They may also arise in tort. Familiar instances are parent and child, employer and employee, school and pupil. The established categories are useful because they embrace common types of situation, but these categories are no more closed than any other categories of negli ...
... and fiduciary relationships. They may also arise in tort. Familiar instances are parent and child, employer and employee, school and pupil. The established categories are useful because they embrace common types of situation, but these categories are no more closed than any other categories of negli ...
Donoghue v Stevenson
Donoghue v Stevenson [1932] UKHL 100 was a foundational decision in Scots delict law and English tort law by the House of Lords. It created the modern concept of negligence, by setting out general principles whereby one person would owe a duty of care to another person .Also known as the ""Paisley snail"" or ""snail in the bottle"" case, the facts involved Mrs Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. A dead snail was in the bottle. She fell ill, and she sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached, because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm of consumers.