torts - NYU School of Law
... a. Facts: D’s ship tied to P’s dock to unload cargo & storm got bad…when done unloading, storm prevented untying. Boat thrashed against dock causin damage. 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 rig ...
... a. Facts: D’s ship tied to P’s dock to unload cargo & storm got bad…when done unloading, storm prevented untying. Boat thrashed against dock causin damage. 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 rig ...
26 January 2009
... highway without fault. Duty of easy rescue from common law. Original stalling out is not negligent and No affirmative duty to put up flairs in general. A complex act, the first act has no liability, but creates a liability for a second act. If negligent, unreasonable risks, already on the hook. If n ...
... highway without fault. Duty of easy rescue from common law. Original stalling out is not negligent and No affirmative duty to put up flairs in general. A complex act, the first act has no liability, but creates a liability for a second act. If negligent, unreasonable risks, already on the hook. If n ...
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 ...
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 ...
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 .......... ...
Law-140-Torts-Sutherland-by-Plonka-brief-term-2
... subsequently is going to get hurt Negligent Misrepresentation: Hedley Byrne v. Heller: P phoned D asking about X’s credit. D about to close major deals w/ X, lied with waiver. P relied, X bankrupt, P sued. Relationship between the parties was “sufficiently proximate”, D knew P would rely, BUT D okay ...
... subsequently is going to get hurt Negligent Misrepresentation: Hedley Byrne v. Heller: P phoned D asking about X’s credit. D about to close major deals w/ X, lied with waiver. P relied, X bankrupt, P sued. Relationship between the parties was “sufficiently proximate”, D knew P would rely, BUT D okay ...
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
... • Holding: The case is really about damages, there is no question of liability. Trial court jury gave $1000 for compensatory, appellate cuts that down to $500; the trial court also gave $5000 for punitive damages, the appellate cuts that down to $2000. Compensatory damages cover actual harm to plain ...
... • Holding: The case is really about damages, there is no question of liability. Trial court jury gave $1000 for compensatory, appellate cuts that down to $500; the trial court also gave $5000 for punitive damages, the appellate cuts that down to $2000. Compensatory damages cover actual harm to plain ...
TORTS(2) - Ole Miss LSSB
... D is owner or agent D had reasonable grounds to believe something was stolen D used reasonable conduct to investigate (depends on circumstances) a. Many states enacted these types of statutes to protect store owners from being liable for mistake F. Necessity – Under certain circumstances, nece ...
... D is owner or agent D had reasonable grounds to believe something was stolen D used reasonable conduct to investigate (depends on circumstances) a. Many states enacted these types of statutes to protect store owners from being liable for mistake F. Necessity – Under certain circumstances, nece ...
Torts Outline - Blogs @ Widener Law
... i. Fault is required for intentional wrongdoing. ii. The plaintiff must plead all of the elements to sustain a cause of action. b. Elements (Snyder) i. Battery: Acting with the intent to cause a harmful or offensive contact, and when that contact results. ii. Single Intent: intent to cause contact o ...
... i. Fault is required for intentional wrongdoing. ii. The plaintiff must plead all of the elements to sustain a cause of action. b. Elements (Snyder) i. Battery: Acting with the intent to cause a harmful or offensive contact, and when that contact results. ii. Single Intent: intent to cause contact o ...
Manaster Torts Outline
... b. Burden of Proof shifts from P to Ds c. Judgment is for single sum, represents total value of the P’s injury d. P entitled to collect from either or both of the Ds, up to but not exceeding the amount of the judgment e. Some states have gotten rid of this f. Public policy support: i. Maximizes like ...
... b. Burden of Proof shifts from P to Ds c. Judgment is for single sum, represents total value of the P’s injury d. P entitled to collect from either or both of the Ds, up to but not exceeding the amount of the judgment e. Some states have gotten rid of this f. Public policy support: i. Maximizes like ...
Answer
... water should escape, the likelihood of injury to a neighbour is very great. Judges generally assume that the person who engages in this type of activity is aware of the dangers involved, and of the potential for harm. As a consequence, they are usually held responsible for any damage caused if escap ...
... water should escape, the likelihood of injury to a neighbour is very great. Judges generally assume that the person who engages in this type of activity is aware of the dangers involved, and of the potential for harm. As a consequence, they are usually held responsible for any damage caused if escap ...
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
... advantaged people likely to be much higher than damages paid to the disadvantaged; tort damage liability may create incentive to locate most dangerous activities/sell more dangerous products in poorest areas; under required liability insurance schemes we all pay for those with high income & expensiv ...
... advantaged people likely to be much higher than damages paid to the disadvantaged; tort damage liability may create incentive to locate most dangerous activities/sell more dangerous products in poorest areas; under required liability insurance schemes we all pay for those with high income & expensiv ...
Virginia Practice Series: Tort and Personal Injury Law
... are considered to be claims for "breach of contract," we discuss legal malpractice in our work on tort and personal injury law because they nevertheless involve a number of tort concepts and defenses). In Shevlin Smith v. McLaughlin, the Court held that an attorney cannot be held liable for failing ...
... are considered to be claims for "breach of contract," we discuss legal malpractice in our work on tort and personal injury law because they nevertheless involve a number of tort concepts and defenses). In Shevlin Smith v. McLaughlin, the Court held that an attorney cannot be held liable for failing ...
- UVic LSS
... the contrary adduced by the def, an inference of causation may be drawn (scientific proof not necessary) - In cases where P will have difficulty proving causation due to lack of knowledge, courts will relax test – only require some evi that allows inference Cook v. Lewis once causation is proven o ...
... the contrary adduced by the def, an inference of causation may be drawn (scientific proof not necessary) - In cases where P will have difficulty proving causation due to lack of knowledge, courts will relax test – only require some evi that allows inference Cook v. Lewis once causation is proven o ...
Torts analytical frameworks
... -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 protecting one group more, you risk greater injury for another group. (does this go in this category?) H ...
... -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 protecting one group more, you risk greater injury for another group. (does this go in this category?) H ...