torts - NYU School of Law
... b. Held: Qualified priv. 1 who used another’s property for necessity has the right, but is liable to damage caused. Is prima F. case. Showed right of self-defense is stronger than right of necessity c. Dissent: Was due care, inevitable accident, contractual relations should make owner bear loss. 3. ...
... b. Held: Qualified priv. 1 who used another’s property for necessity has the right, but is liable to damage caused. Is prima F. case. Showed right of self-defense is stronger than right of necessity c. Dissent: Was due care, inevitable accident, contractual relations should make owner bear loss. 3. ...
View - American University Washington College of Law
... demands, even when it means an extension of the operation further than was originally contemplated, and for so doing he is not to be held in damages as for an unauthorized operation.” HOLDING: There was no damage or injury to the plaintiff; moreover, according to the rule, the surgeon was allowed to ...
... demands, even when it means an extension of the operation further than was originally contemplated, and for so doing he is not to be held in damages as for an unauthorized operation.” HOLDING: There was no damage or injury to the plaintiff; moreover, according to the rule, the surgeon was allowed to ...
26 January 2009
... II. Dutiesa. In negligence, analyizing in terms of duty is question-begging, just the duty to exercise reasonable care to avoid injuring the plaintiff ordinarily exists b. Strict liability, speaking of duty is peculiar. Action is acceptable but must pay own way. Duty is to compensate those harmed by ...
... II. Dutiesa. In negligence, analyizing in terms of duty is question-begging, just the duty to exercise reasonable care to avoid injuring the plaintiff ordinarily exists b. Strict liability, speaking of duty is peculiar. Action is acceptable but must pay own way. Duty is to compensate those harmed by ...
Torts
... When a ski resort establishes a competition in a highly dangerous sport and runs a competition for profit, it owes a duty of care towards visibly intoxicated participants. It failed to meet its standard of care in allowing Crocker to compete. - Sundance pays, organises, supplies drink, has knowledge ...
... When a ski resort establishes a competition in a highly dangerous sport and runs a competition for profit, it owes a duty of care towards visibly intoxicated participants. It failed to meet its standard of care in allowing Crocker to compete. - Sundance pays, organises, supplies drink, has knowledge ...
Stovin and another (Respondent) v. Norfolk County Council
... care when acting and a duty to take positive action, should not be allowed to mask the difference between the two duties. As already seen, the test of fairness and reasonableness is more difficult to satisfy with a duty to act. This is especially so when the subject matter is potential financial los ...
... care when acting and a duty to take positive action, should not be allowed to mask the difference between the two duties. As already seen, the test of fairness and reasonableness is more difficult to satisfy with a duty to act. This is especially so when the subject matter is potential financial los ...
Tort Suits Filed by Rape and Sexual Assault Victims
... documents, the woman's complete loss of privacy, and her abandonment of the case.1 When the parties stepped out of this failed process, they did not relinquish their prior controversy, but instead transported it to a new forum-civil adjudication. After reaching a settlement, the parties reported tha ...
... documents, the woman's complete loss of privacy, and her abandonment of the case.1 When the parties stepped out of this failed process, they did not relinquish their prior controversy, but instead transported it to a new forum-civil adjudication. After reaching a settlement, the parties reported tha ...
torts - NYU School of Law
... Non-family members who were present and distress manifests in physical harm. Special cases Knowledge that someone is peculiarly susceptible to emotional distress can make an act extreme & outrageous that otherwise wouldn’t be. Recklessly failing to meet professional ethical standards, e.g., ...
... Non-family members who were present and distress manifests in physical harm. Special cases Knowledge that someone is peculiarly susceptible to emotional distress can make an act extreme & outrageous that otherwise wouldn’t be. Recklessly failing to meet professional ethical standards, e.g., ...
here
... Summer v. Tice i. (Alternative Causation.) ii. Requires at least two defendants, and both are negligent and it is impossible to tell whom. iii. Both will be held negligent with joint and several liable. ...
... Summer v. Tice i. (Alternative Causation.) ii. Requires at least two defendants, and both are negligent and it is impossible to tell whom. iii. Both will be held negligent with joint and several liable. ...
Goldberg
... V. CAUSATION (some courts use “proximate cause” = “actual & proximate cause”) .............15 A. Two meanings of “cause” – ...........................................................................................15 ...
... V. CAUSATION (some courts use “proximate cause” = “actual & proximate cause”) .............15 A. Two meanings of “cause” – ...........................................................................................15 ...
Levinson - NYU School of Law
... a. Can sue in tort for design defect but economic loss is limited to a contract suit - Seely Truck b. Can’t end-run Hadley with a tort claim iii. But this doesn’t work in all cases, e.g. Lady Luck (can’t have gov’t indemnify you if their bridge goes down) c. Courts not equipped to make what are inhe ...
... a. Can sue in tort for design defect but economic loss is limited to a contract suit - Seely Truck b. Can’t end-run Hadley with a tort claim iii. But this doesn’t work in all cases, e.g. Lady Luck (can’t have gov’t indemnify you if their bridge goes down) c. Courts not equipped to make what are inhe ...
Introduction - NYU School of Law
... called. He ordered the transfusion to save her life, despite knowing of non-consent. i. Here, patient’s prior refusals were not made when life was in the balance or it appeared so ii. Thus, they weren’t contemporaneous or informed e. Lack of Consent in K-like situation: Koffman v. Garnett – Andy Kof ...
... called. He ordered the transfusion to save her life, despite knowing of non-consent. i. Here, patient’s prior refusals were not made when life was in the balance or it appeared so ii. Thus, they weren’t contemporaneous or informed e. Lack of Consent in K-like situation: Koffman v. Garnett – Andy Kof ...
Torts Outline
... standard or another standard to determine whether there was confinement. Court uses classic definition of confinement, finds no false imprisonment. Three walls do not make a prison See potential for tort law limiting personal freedoms of action. Reasonable person’s view of imprisonment (a person ...
... standard or another standard to determine whether there was confinement. Court uses classic definition of confinement, finds no false imprisonment. Three walls do not make a prison See potential for tort law limiting personal freedoms of action. Reasonable person’s view of imprisonment (a person ...
January 16, 2007
... • The plaintiff, Butterfield, was thrown from his horse when it hit a pole that Forrester had temporarily laid cross the highway. The "contributory negligence" of Butterfield was riding his horse too fast, preventing him from seeing Forrester's obstruction soon enough to avoid it. Notwithstanding th ...
... • The plaintiff, Butterfield, was thrown from his horse when it hit a pole that Forrester had temporarily laid cross the highway. The "contributory negligence" of Butterfield was riding his horse too fast, preventing him from seeing Forrester's obstruction soon enough to avoid it. Notwithstanding th ...
Torts Outline - Washington University School of Law
... Admirals. It has to do with liability on navigable waters. There is no jury, decided by board, and a fighting issue during Revolutionary war because England used admiralty process against colonists because no jury. So US courts – kept the jurisdiction and handed it over to the federal courts (admira ...
... Admirals. It has to do with liability on navigable waters. There is no jury, decided by board, and a fighting issue during Revolutionary war because England used admiralty process against colonists because no jury. So US courts – kept the jurisdiction and handed it over to the federal courts (admira ...
- LSS | Cans DB
... stepped on a rotten branch, the sequence of events is so fortuitous that it wasn’t foreseeable by a reasonable man. They have a duty care about the wires and making the tree unclimbable. But the sequence of events that allowed the kid to get past those precautions were so fortuitous that it could no ...
... stepped on a rotten branch, the sequence of events is so fortuitous that it wasn’t foreseeable by a reasonable man. They have a duty care about the wires and making the tree unclimbable. But the sequence of events that allowed the kid to get past those precautions were so fortuitous that it could no ...
torts - GW SBA
... Ronald M. v. White (n2, 129): Group of kids injured when driver was under the influence. D, members of the group not under the influence, had no duty to the others to restrain the driver. H.R. Moch Co. v. Rensselaer Water Co. Cardozo (n9, 131): D water company contracted to supply water to the city. ...
... Ronald M. v. White (n2, 129): Group of kids injured when driver was under the influence. D, members of the group not under the influence, had no duty to the others to restrain the driver. H.R. Moch Co. v. Rensselaer Water Co. Cardozo (n9, 131): D water company contracted to supply water to the city. ...
Self-Defense by Force Threatening Death or
... - 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 a misdemeanor - most states have passed statutes giving shop owners privilege to detain suspected shoplifte ...
... - 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 a misdemeanor - most states have passed statutes giving shop owners privilege to detain suspected shoplifte ...
Intentional Torts – Chapter 2 - Amazon Simple Storage Service (S3)
... Vicarious Liability: employers/churches/government (residential schools, many sexual assaults in specific schools) = not only are perpetrators being sued but so to are the runners of the institutions. = have to prove person was an employee and the tort he committed was during the course of his emplo ...
... Vicarious Liability: employers/churches/government (residential schools, many sexual assaults in specific schools) = not only are perpetrators being sued but so to are the runners of the institutions. = have to prove person was an employee and the tort he committed was during the course of his emplo ...
4. Intentionality, harm and offense, tort remedies
... extension involves the destruction of a bodily function. Protect autonomy of body, choice In the case of an unconscious patient requiring immediate treatment, courts render a privilege (seems more like a duty) to give treatment if: A reasonable person would consent to it, There is no reason to ...
... extension involves the destruction of a bodily function. Protect autonomy of body, choice In the case of an unconscious patient requiring immediate treatment, courts render a privilege (seems more like a duty) to give treatment if: A reasonable person would consent to it, There is no reason to ...
Torts - Free Law School Outlines
... Usually enjoin if substantial damage, but can also just require damages (primary v. secondary criticism) a. If utility of conduct > harm, just pay damages, unless damages would put activity out of business May have different range of time for collection of past damages, depending on jurisdiction (tr ...
... Usually enjoin if substantial damage, but can also just require damages (primary v. secondary criticism) a. If utility of conduct > harm, just pay damages, unless damages would put activity out of business May have different range of time for collection of past damages, depending on jurisdiction (tr ...
torts - NYU School of Law
... i. Alcorn V. Mitchell 63 Ill. 553 (1872) (p. 63): (D found liable when deliberately spat in P’s face.) b. False imprisonment requires total or perceived total obstruction of freedom i. Bird v. Jones 115 Eng. Rep. 688 (K.B. 1845) (p. 40): (D not found liable when wouldn’t let P walk through a public ...
... i. Alcorn V. Mitchell 63 Ill. 553 (1872) (p. 63): (D found liable when deliberately spat in P’s face.) b. False imprisonment requires total or perceived total obstruction of freedom i. Bird v. Jones 115 Eng. Rep. 688 (K.B. 1845) (p. 40): (D not found liable when wouldn’t let P walk through a public ...
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 ...
- UVic LSS
... A prima facie duty of care existed 1) foreseeability: there was evidence of warning about the strike (pinkerton’s knew) 2) Proximity: an omission to prevent the harm by taking reasonable care ...
... A prima facie duty of care existed 1) foreseeability: there was evidence of warning about the strike (pinkerton’s knew) 2) Proximity: an omission to prevent the harm by taking reasonable care ...
notes95
... Generally see => Sharman v. Evans and Skelton v. Collins for past and future loss of expectation of life, subjective and ibjective components with a standardised sum for the objective. For past and future loss of amenities it is the same but for the objective it is minimal because of overlap wit ...
... Generally see => Sharman v. Evans and Skelton v. Collins for past and future loss of expectation of life, subjective and ibjective components with a standardised sum for the objective. For past and future loss of amenities it is the same but for the objective it is minimal because of overlap wit ...
Sheila Boston - American Bar Association
... from International Who’s Who of Product Liability Defense Lawyers in 2012 and 2013, and Who’s Who Legal in 2014-2016 for product liability defense. Because of her professional accomplishments and service, Sheila received the New York Law Journal’s 2014 Lifetime Achievement award and was recognized a ...
... from International Who’s Who of Product Liability Defense Lawyers in 2012 and 2013, and Who’s Who Legal in 2014-2016 for product liability defense. Because of her professional accomplishments and service, Sheila received the New York Law Journal’s 2014 Lifetime Achievement award and was recognized a ...
Vicarious liability in English law
Vicarious liability in English law is a doctrine of English tort law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties. This liability has expanded in recent years following the decision in Lister v Hesley Hall Ltd to better cover intentional torts, such as sexual assault and deceit. Historically, it was held that most intentional wrongdoings were not in the course of ordinary employment, but recent case law suggests that where an action is closely connected with an employee's duties, an employer can be found vicariously liable.Justification for such wide recovery has been made in several areas. The first is that, as is common in tort law, policy reasons should allow those injured to have means of compensation. Employers generally have larger assets, and greater means with which to offset any losses (deep pocket compensation) Secondly, it is under the instruction of an employer by which a tort is committed; the employer can be seen to gain from the duties of their employees, and thus must bear the consequences of any wrongdoings committed by them. Lastly, it has been justified as a way to reduce the taking of risks by employers, and to ensure adequate precautions are taken in conducting business.