LEB Chapter 8 Slides - Chapter 8 The Law of Torts What is a tort A wrong committed against individuals Is very very broad some torts are only bad if

LEB Chapter 8 Slides - Chapter 8 The Law of Torts What is a...

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Chapter 8The Law of Torts
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What is a “tort”?A wrong committed against individualsIs very, very broad: some torts are only bad if there is intent, there are also many relationships betw people that never existed before, like doctor-patientTort law conforms to societal change and vis versaFor a successful tort action, the plaintiff must have an interestin protecting his rights, while the defendant has a dutyto uphold “Making the plaintiff whole” – defendant should have to pay plaintiff for the wrong that it committed against plaintiffCan be accident or intentionalNegligence – accidentalRequirement: Injury, defined as physical, mental, emotional, property damage, etc.Standard: Reasonable Person
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NegligenceGeneral Rule – everyone is expected to be carefulElements:1.Duty of due care2.Breach duty of due care3.Proximate Cause – breach caused injury4. Injury
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Duty – D owes duty to PWhat kind of duty? - To be carefulHow much of a duty? Don’t owe to world population or entire US population, but rather everyone that you are able to influenceWhat is “reasonable foreseeability”? You’re in a reasonable amount of influence from defendantIf Jue throws something to the front, but someone in the back gets scared and trips and breaks an arm, then she’s not liable for youOr if Bob runs out of classroom bc things are getting thrown and he runs over someone, Bob can’t say that it was bc of Jue bc Jue’s actions aren’t reasonable foreseeability on the guy who got run overMcDonalds knows that its coffee is hot, so needs to put on warning signsGrocery store knowing that a particular area is slippery and can injureIf a grocery store has a spill and has a spill for 4 days, it exceeds their dutyIndependent intervening clauseEx. if Joe causes an accident in the intersection, and Sue has to turn around, but a tree falls on her. There’s no foreseeability, so it breaks the chainDifferent levels of dutyHigh duties for landowners and even higher duties for business owners – making sure that everyone is safeSchools have high duties bc kids are forced to be there
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Factors in Negligence Casesa)Foreseeability of harm to plaintiffb)The degree of certainty that plaintiff suffered injuryc)Closeness of connection between the defendant’s conduct and injury sufferedd)Moral blame attached to the defendant’s conducte)Policy of preventing future harmf)Extent of the burden to the defendant and consequences to the community of imposing a duty to exercise case with resulting liabilityg)Availability, cost, and prevalence of insurance for risk involved
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CASEOtis Engineering Corp. v. Clark (Texas Sup. Ct. 1983)Legal issue? Employee gets drunk and gets in his car and hits another car and kills two ppl. Victims families sue the company he works for. Family sues the company bc he’s repeatedly drunk at work. The employers told him to go home, which raised their
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