torts II black letter law

torts II black letter law - #1 Welcome to Torts II!...

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#1 Welcome to Torts II! Welcome to Torts II! Professor Hogshead-Makar Office 490 Phone: 680 – 7784 Classroom # 250 Time: 10:00 – 11:50 on Fridays Clicker Class Key N35835F455
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#2 Torts II Topics: Torts II Topics: Chapter 11: Negligent Infliction of Emotional Distress pp. 577 – 613 Chapter 12: Alcohol-Related Injuries pp. 615 – 630; Chapter 14: Strict Liability pp. 657 – 684 Chapter 15: Products Liability pp. 699 –– 762 Chapter 16: Defenses Based on Plaintiff’s Conduct pp. 763 –806 Chapter 17: Joint Tortfeasors pp. 807 – 835 Chapter 21: Misrepresentation pp. 923 –964 Chapter 22: Defamation pp. 965 –1032 Chapter 23: Invasion of Privacy pp. 1033 – 1076
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#3 Compensation for Compensation for Emotional Distress Emotional Distress Concerns: Genuineness of the claim Scope of liability Compensation is available: 1) Incidental to a physical injury tort (“parasitic damages”) 3) Incidental to certain non-physical torts (e.g., defamation) 5) In two independent tort actions: a) Tort of outrage b) Negligent infliction of emotional distress
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#4 Negligent Infliction of Negligent Infliction of Severe Emotional Distress Severe Emotional Distress 1) Negligence (breach of a duty) 2) Causation of severe mental distress 3) Proof of genuineness Physical impact Physical consequences Invasion of a legally protected interest Compelling facts Other evidence 4) Proof that the plaintiff was the primary victim or a bystander who is entitled to recovery
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#5 Bystanders Bystanders Two Views: 1) Zone of danger 2) Foreseeability in light of plaintiff’s: Proximity Observation, and Relationship The plaintiff is a: Direct victim if the distress results from the breach of a duty owed to the plaintiff Bystander if the distress results from observation or knowledge of harm to another
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#6 Limited Duty: Limited Duty: Alcohol-Related Injuries Alcohol-Related Injuries At Common Law: Vendors/donors are not liable to third-persons for harm caused by an intoxicated able-bodied adult Limitations: 1) Intoxicated minors 2) Dram shop liability, by statute or common law, for harm resulting from sales to persons already “visibly intoxicated” 3) Social host liability in some states 4) Employer responsibility
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#7 Strict Liability Strict Liability Policy Basis: 1) Deterrence 2) Spreading and shifting of losses 3) Reconciling benefits and burdens 4) Certainty of compensation Major Areas: 1) Master and servant 2) Animals 3) Hazardous activities 4) Defective products
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#8 Employer Liability Employer Liability Fault ( E.g. , Negligent Hiring, Training or Supervision) S.L. based on Respondeat Superior (Employee or Right to Control; Tort within Scope of Employment) Estoppel based on Fault (Ostensible Agency Based on Conduct by Employer and Reasonable Reliance) S.L. based on Non-Delegable Duty (Work by an independent contractor involving work:
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torts II black letter law - #1 Welcome to Torts II!...

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