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bb.outline.torts - Torts Corresponding Reading...

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Torts Corresponding Reading Assignment (It will take 2 days to cover this material): Text: 218 – 244; 248 – top of 249; 250 - 251 1. Introduction a. The major purposes of criminal law were to define wrongs against the state and to permit the state to punish those who committed such acts by the imposition of fines or imprisonment b. The major purposes of contract law were to (1) spell out the nature of the rights and duties springing from private agreements between individuals and (2) in the event that one party failed to live up to these duties, to compensate the innocent party for the loss resulting from the other’s breach of contract c. “Tort”: other “legal wrongs” besides crimes and breaches of contract i. Applies to such a wide range of activities ii. “any wrong excluding breaches of contract and crimes” or iii. “any noncontractual civil wrong committed upon the person or property of another” d. Tort law encompasses such a wide range of human conduct that the breaches of some duties have little in common with others e. Each time a court allows a plaintiff to receive damages for a tort committed by a defendant, it is saying that the plaintiff has an interest sufficiently important for the law to furnish protection and that, correspondingly, in a civilized society the defendant has a duty that was breached f. “Business torts”- torts that arises directly from competitive rivalry g. Purpose of tort law: 2. Unintentional Torts—Negligence (carelessness) a. Each of us has a duty as we live our lives and carry on our professions to exercise care not to injure others b. Definition: c. Elements required to establish a right of recovery i. That the defendant owed the plaintiff a duty of due care ii. That the defendant breached that duty of due care iii. That the defendant’s breach proximately caused the injury, and iv. That the plaintiff suffered injury d. Duty (of care) i. To whom do you have a duty: to every person who we can reasonably foresee might be injured by our carelessness 1. Otis Engineering Corp v. Clark (page 220) ii. Landowner’s Duty – Majority view 1. Trespassers may sure only for intentional torts, licensees may sue also for hidden dangers they should have been
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warned about, and invitees may sure under the ordinary rules of negligence. iii. The general rules of negligence “governed by the test of reasonable care under all the circumstances in the maintenance and operation of their property” 1. Under this minority approach, the status of the plaintiff may still have an effect on the court’s analysis of what a reasonable landowner should foresee, but the rigid categories are dispensed with e. Visitor i. Trespasser - one who enters the land with no right to do so ii. Licensee - one who has a right to come onto the property for self- benefit, such as door-to-door salesman or a neighbor dropping in uninvited iii.
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