TortsFall07Bernstein

TortsFall07Bernstein - I. INTRODUCTION A. Introduction to...

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Unformatted text preview: I. INTRODUCTION A. Introduction to Torts Tort- from Medieval English for "wrong" or "trespass" Types of Torts - 3 Tort Categories B. (Example of Tort Suit (& Judge-Made Law)) 1. Walter v. Wal-Mart Stores, Inc. p. 5 Summary: Wal-mart pharmacist prescribed wrong chemo-drug, Walter awarded $500,000 w/o expert testimony since Lovin, (pharmacist) was capable of speaking on professional pharmacy standards as a matter of law, Walmart breached duty . C. Responsibilities in Tort Respondeat Superior- "let the master answer for the wrongs of the servant". Employer held vicariously liable for wrongful acts of employees Comparitive Responsibility - is injury result of or 's negligence? II. THE MOST SIGNIFICANT TORT CATEGORY: NEGLIGENCE A. Overview of Negligence, or The Prima Facie Case: Duty, Breach, Causation, and Damages 1. NEGLIGENCE a. Negligence as a Tort: 1825 - 1875 4 Elements of prima facie case b. Injury c. Duty an obligation not to cause the type of injury suffered by acting reasonably Bret's Principle Duty of reasonable care attaches whenever it is reasonably foreseeable that careless conduct on one's part may risk harm to persons such as Heaven v. Pender- all actions must be perpetrated w/English common law reasonable care EXCEPT: (list) In Heaven v. Pender, was said to owe a duty of care to a as a consequence of their particular relationship to each other (invitee and occupier) Duty Foreseeablitly BUT they are very much involved with each other d. Case History 2. Cardozo's Vision of the Consumer Product & the Obligation of Mass Manufacturer a. MacPherson v. Buick Motor Co. p. 59, 217 N.Y. 382 273 (N.Y. 1916) Summary: Vehicle manufacturer owed duty of reasonable care to all foreseeable users. B. Introduction to Duty 1. Duty Expanded & Foreseeability a. Foreseeability in Negligence b. Mussivand v. David. p. 67, 544 N. E. 2d 265 (Ohio 1989) Summary: STD from wife's lover. Paramour is liable since it was foreseeable that wife would have sex w/husband, but only until wife knows or should know of condition (superseding cause). C. Qualified Duties of Care 1. PREMISES LIABILITY a. Easy Duty cases v. Qualified Duty Unqualified Duty (Easy Duty) Duty to conduct oneself with reasonable care as to the person and property of others carelessly pursues an affirmative course of conduct causing physical harm to Qualified Duty (Limited Duty) Premises Liability Owning or possessing land is a form of conduct but passive and landowner doesnt always have participation in the condition of his property Trespasser - no duty of reasonable care Licensee - express or implied permission Invitee - expressly invited Exceptions to the Rule for Trespassers Attractive nuisances 1) Reason to know condition is inherently dangerous 2) Reason to believe it's enticing to children 3) Child's age precludes appreciation of risk 4) No effort taken to prevent harm Warn of dangers not open and obvious Licensee versus Invitee Guest vs Customer?Guest vs Customer?...
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TortsFall07Bernstein - I. INTRODUCTION A. Introduction to...

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