Torts II - FAC - General Principles of Torts Proximate...

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General Principles of Torts - Proximate cause – an event is a proximate cause in bringing about the harm if it is a substantial factor in bringing about the injury – that is if reasonable people would regard it as the cause of the injury. There may be multiple causes of the injury. In addition, damage must be reasonably foreseeable (not the extent of the damage, just the kind of damage). (Defined in NY PJI) Example: Mrs. Palsgraff was not within the zone of danger because it was not reasonably foreseeable that explosives were in the package. - Remember, in every torts case, we must ask, who should bear the loss? - N.Y. Supreme Court can hear any type of case. - Burden of proof – in most civil actions, the burden is by preponderance of the evidence - Prima Facie Case – established when the plaintiff has satisfied the burden of proof on all of the elements of his cause of action, such that it can be sent to the jury or he is entitled to judgment - PJI for Nuisance, Misrepresentation, Fraud, and Defamation are all very helpful - Motion to dismiss when granted, it states that even assuming that all of the facts you assert are true, you still have not stated a valid cause of action. - Summary Judgment – facts are not assumed o to get this judgment, a party must convince court that there are no triable issues of fact easiest way to defeat summary judgment is to show there are triable issues of fact o if summary judgment is granted at trial, on appeal the facts are considered most favorable to the party against whom the summary judgment was granted. o It is difficult to win a negligence claim on summary judgment b/c court would need to determine that no reasonable jury could find that the defendant acted/did not reasonably and that is a question of fact Breach of Implied Warranty Implied Warranty (based on contract theory) – Privity of Contract is NOT necessary. Warranty as to the quality of goods will be implied from the fact that the seller has offered the goods for sale Warranty of Merchantability (UCC §2-314) Goods are fit for the ordinary purposes for which such goods are used Seller must be a merchant Warranty of Fitness for Particular Purpose (UCC §2-315) Seller knows buyers wants the goods for particular purpose Buyer relies on seller’s judgment The plaintiff must be foreseeable and the use must be foreseeable. Defenses to Express and Implied Warranties Disclaimer – Implied warranty of merchantability may be excluded or modified by disclaimer, provided that the language of disclaimer is explicit and conspicuous “As Is” – When goods are sold “as is” and it is clearly stated, both merchantability and fitness for particular purpose can be disclaimed Limitation of Liability – Manufacturer can limit the extend of damages to repair or replacement of goods unless such limitation is unconscionable; such clause is prima facia unconscionable if it relates to personal injuries – limited to economic loss
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Torts II - FAC - General Principles of Torts Proximate...

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