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Torts Outline - Chapter 1 OVERVIEW of TORTS I MODERM TORT...

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Chapter 1 OVERVIEW of TORTS I. MODERM TORT LIABILITY: -Intentional Infliction of Injury -Failure to Exercise Reasonable Care -Strict Liability A. Tort: a tort is a civil wrong committed by one person against another; and torts can and usually do arise outside of any agreement between the parties. B. Categories: There are three broad categories of torts 1. Intentional torts: purposeful desire to accomplish act. • Battery • Assault • False imprisonment • Intentional Infliction of Emotional Distress 2. Negligence: failure to exercise reasonable care under the circumstances; it is conduct which creates an unreasonable risk of harm. If a risk is reasonably foreseeable, the actor must exercise due care to prevent the risk from coming to fruition. ( Doe v. Roe - D knew he had herpes at the time he had sex with the plaintiff and b/c transmission of herpes was foreseeable, D failure to take precautions or disclose the disease was negligent) a. Two Major Defenses to Negligence: Assumption of the Risk - exist is a person (1) subjectively appreciated the danger (2) voluntarily chose to confront it; (3) manifested a willingness to relieve the D of any obligation to exercise care. Contributory Negligence - exist if the a plaintiff’s failure to exercise care for self-protection contributed to the plaintiff’s injury or loss 3. Strict liability: D is held liable even though he did not intend to bring about the undesirable result, and even though he behaved with utmost carefulness. ( Hossenlopp - the court adopted a rule holding a god owner liable for a bite inflicted by a dog, regardless of whether the owner knew that the dog had a tendency to injure or had committed prior injurious actions.) 1 Tort Outline
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a. products liability - liability of sellers for harm caused by defective products b. respondeat superior- employer liability for the torts of their employees C. Significance of categories: There are two main consequences that determine which of the three above categories a particular tort falls into: 1. Scope of liability: The three categories differ concerning D’s liability for far-reaching, unexpected, consequences . The more culpable D’s conduct, the more far-reaching his liability for unexpected consequences – so an intentional tortfeasor is liable for a wider range of unexpected consequences than is a negligent tortfeasor. 2. Damages: The measure of damages is generally broader for the more culpable categories. In particular, D is more likely to be required to pay punitive damages when he is an intentional tortfeasor than when he is negligent or strictly liable. D. Exam approach: First, review the fact pattern to spot each individual tort that has, or may have been, committed. Then, for each tort you have identified: 1. Prima facie case: Say whether a prima facie case for that tort has been made.
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