This preview shows pages 1–2. Sign up to view the full content.
This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
Unformatted text preview: TORTS OUTLINE ABRIDGED (from cam) Standards of liability- Absolute o Not foreseeable o Acted reasonably o Very rare because of over-deterrence- Strict Liability (SL) o Foreseeable o Acted reasonably o Common- Negligence (NEG) o Foreseeable o Acted unreasonably o Reasonable Person standard- Intentional Tort o Close to criminal acts Vicarious Liability- aka respondeat superior o Tort of employee is imputed to employer o Dominoes hypothesis o Employer may seek indemnification Elements of a Negligence Claim- Duty- Breach- Causation- Damages- Equals Liability (absent defenses)- Reasons for normal standard of care o Cynical: workers application o Less urganization puts more people closer together o Trespass system collapsed Age Subcategorization  Age-adjusted (unless engaged in adult activity)  18- Adult (RPS) --- 65 Kids must act as a reasonable, very young person would act. No age adjustment after 65 because after a lifetime of experiences, you should realize your faculties are diminishing....
View Full Document
This note was uploaded on 04/30/2008 for the course TORTS 1 taught by Professor Hogshead during the Spring '08 term at Florida Coastal School of Law.
- Spring '08