Torts I Outline.pdf - Torts I Final Outline 1 First Look at Torts 1 Chapter 1 Tort Law Aims approaches and processes 1 What is Tort Law 1 Torts are

Torts I Outline.pdf - Torts I Final Outline 1 First Look at...

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Torts I- Final Outline 1. First Look at Torts 1. Chapter 1: Tort Law: Aims, approaches, and processes 1. What is Tort Law 1. Torts are wrongs recognized by law as grounds for a lawsuit 1. Harm is required in all tort cases 2. Goals of Tort Law 1. Some broad and conflicting aims 1. Justice policy, and process aims of tort law in summary 1. Morality or corrective justice 1. Object of tort law is to define cases in which law may justly hold pone party liable to compensate another (Fairchild v Glenhaven Funeral services) 2. Social utility or public justice 1. Provide a system of rules that works for for the good of society 3. Process 1. Rules are made with the legal process in mind 1. Rules judges and juries can understand and don’t leave too much to the judge or jury’s discretion 4. Potential conflicts 1. Might pit social good and individual good against each other 1. City needs to make fire break and blows up plaintiff’s home before he can remove all furniture 2. Corrective justice, distributive justice, and policy 1. Sometimes all three work together, and sometimes not 1. Advocacy requires lawyers to show why one side is more important in the specific case 3. Fault and other normative bases for liability 1. Tort Law imposes liability for conduct the law treats as wrong 2. Strict liability appears commensurate with corrective justice 1. Truck backs over borrowed lawnmower, but I’m not at fault. Do I need to replace b/c that is custom even though I’m not at fault? 4. Compensation, risk distribution, fault 5. Fostering freedom, deterring unsafe conduct; economic analysis 1. Deterance for torts is desirable, but does desire for deterrence for justice or for social policy supersede the other? 6. Scaldo in online lecture puts emphasis on Moral and Social responsibility and especially social responsibility 2. Theory in Application: The Role of Fault
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1. Van Camp v. McAfoos 3. Implementing Tort Law’s Goals with Damages Awards 1. Dillon v. Frazer 2. Compensatory damage components 3. Evidence of payments made by 3rd parties 4. Judge and jury/ Awards that “shock the conscience” 1. Additur 2. Remittur 4. Types of damages 1. Compensatory 2. Punitive 5. States of Mind to satisfy fault requirement 1. Intent- voluntary act with the desire for that act to produce that consequence 2. Negligence- “oops” acting unreasonably in the face of a foreseeable risk 3. Recklessness- Willfully disregards an obvious risk with a high probability of harm 6. State of Mind for Liability without Fault 1. Strict liability 1. No fault based state of mind at all 2. In certain circumstances, tort law imposes liability without regard to whether the defendant was at fault 7. Intent Requirements for an intentional tort 1. Intent- knowledge to a substantial degree of certainty that harm will result from the defendant’s volitional act 1.
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  • Fall '07
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