Chapter 8.docx - Chapter 8 Torts \u25cf \u25cf \u25cf All successful tort actions have interest and duty The plaintiff have an interest that the law should

Chapter 8.docx - Chapter 8 Torts ● ● ● All successful...

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Chapter 8: TortsAll successful tort actions have interest and duty. The plaintiff have an interest that the law should protect and the defendant has a duty Two kinds of torts: negligence and intentionalNegligencePlaintiff must prove the same basic elements in any negligence case to establish a right to recoveryThat the defendant owed the plaintiff a duty of due careThat the defendant breached that duty of due careThat the defendant’s breach proximately caused the injuryThat the plaintiff suffered injuryDutyAs a general rule, it may be said that we each owe a duty to every personwho we can reasonably foresee might be inured by carelessnessOtis Engineering Corp. v. ClarkEmployer has a duty to be responsible for their employee’s reasonably foreseeable carelessnessOtis Engineering found responsible for his employee killing the Clark’s wives in a drunk driving accident after the employee was sent home for being intoxicatedDuty of landownersDuty owed by owners or occupiers of land toward those who comeupon the property they control and how much duty they owe to trespassers, a licensee, or an inviteeTrespassers may only sue for intentional tortsLicensees may sue intentional torts and for hidden dangers they should have been warned aboutInvitees may sue under the ordinary rules of negligenceBreach of dutyA breach occurs when the defendant fails to exercise the same care as a reasonable person under similar circumstances would have exercisedAll the circumstancesWhether or not a defendant’s conduct met the reasonable person standard of care should be examined in light of all the circumstances that existed at the time of the incident that forms the basis for the lawsuit. Emergency conditions may be consideredThe established customs of others in the community or of other companies in the industry may also shed light on the proper standard of due careConduct of otherstraditionally, people had no duty to anticipate the negligent or criminal acts of others and exercise reasonable care to prevent harm from such conduct, but recently judges have sometimes ruled that such wrongful actions by third parties can and must be anticipated in some circumstances
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For example, the operator of a hotel in a high crime area and has had crime itself may breach a duty of due care by not providing adequate securityMost states apply general rules of foreseeability to harm caused by a third party to someone on the premises of the business. Suchas feasible risk-reducing measures like more light or guardsNegligence per seAlthough the standard of care to which a defendant will be held in a negligence case is usually formulated by the judge/jury’s assessment of what a hypothetical reasonable person would havedone, in some cases the conduct is measured in accordance with legislatively-imposed standards
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  • Spring '08
  • Baker
  • Tort Law, ○ Cockrell

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