tort class notes 1,18

tort class notes 1,18 - Cont Briton new approach look at...

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Cont Briton – new approach – look at forseeability of intervening criminal act, if highly unforeseeable it will cut off the liability. Intervening negligent acts – ( more foreseeable then criminal conduct, general matter not cut off liability) Negligently run over, car 2 then hit him before get off road. (look at it as special aspect of risk rule – if look at risk one risk would be before get off the street will be carelessly run over, wont put on lis will be get run over intently before get off road. 2 nd car driver `that run over intently, doesn’t it support that it seems wrong to say d1 should be liable for the second broken leg, its so agregousely done. Cases relied on in Briton. Pioneer, mozer, and hodge, all involve fact patterns were the D is liable because he breached his obligation to protect/provide escape for the plaintiff. Regardless of why fire set, hotel had oblgation to provide means of escape and that obligation was intended to cover any type of fire. There clear that intervening act of arson, negligence, or chance, shouldn’t relieve defendant of liability. That is diff then britton where D didn’t have duty to use care to protect the P.
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tort class notes 1,18 - Cont Briton new approach look at...

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