Torts Short Form-ME

Torts Short Form-ME - Michael R. Ertel Torts Short Form...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Michael R. Ertel Torts Short Form Professor Tamanaha Duty : One has the duty to act with reasonable care so as to avoid an unreasonable risk of harm to others. P : D has a duty to do/not do “this” . P : D has a duty to act/not act “this” way to me in particular , I am special because…. P : D did not avoid an unreasonable risk . P : There was a self-imposed regulation . D : It was not foreseeable so I had NO duty . D : I have no duty to do “this” . D : I have no duty to this particular P . D : I did what a RP would do . D/P : There was/was not a duty to warn . D Argue: duty extends to “Zone of Danger” P Argue: duty extends to “the whole world” Both Argue: (Likelihood) * (Damage) = (What a RP should do.) (Probability) * (Gravity) = (Burden) Look at industry custom . See if danger was hidden . See if danger was foreseeable and preventable . Would a RP take action in this circumstance of knowledge? Professionals have a higher standard of duty. Limited Duty: (1) Rescue (unless relationship) (2) Parent/Child (3) Business (4) Unborn Kids (5) Pure Economic Harm Duty by Statute : (Negligence Per Se; Rebuttable Presumption; Evidence of Negligence) (1) Class of Persons : Was statute meant to protect “this/these” P’s. (2) Type of Harm : Was statute meant to protect from “this” harm. (3) Connection : Did breaking “this” statutory law “proximately” produce these injuries. Proof : (1) Direct Evidence : actually observed. (2) Circumstantial Evidence : evidence lets you draw inferences. Notice : There can be actual or constructive notice , the D knew or should have known. Res Ipsa Loquitor : (Fancy word for circumstantial evidence.) (1) No direct evidence is available. (2) Occurrence seldom occurs w/o negligence. (3) Instrumentality under exclusive control of the D. (4) P was not contributorily negligent. Can have a multiple defendant Ybarra situation.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Michael R. Ertel Torts Short Form Professor Tamanaha Breach : Creating the unreasonable risk of harm you had a duty not to create. P : You breached the duty that you had to me . P : You did not exercise reasonable care . P : You did not do “ which you could have easily done , therefore you breached. P : The regulations are not sufficient , you should have done more . D : I did not breach any duty . D : I had no duty to begin with, especially not to you . D : I followed all the industry customs and regulations therefore I did not breach. D : I followed all the governmental regulations and this is sufficient. D : I have been doing this for ___ years and you never complained before . Cause in Fact
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 6

Torts Short Form-ME - Michael R. Ertel Torts Short Form...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online