November 14 Case and Notes

November 14 Case and Notes - Review Start out with Duty has...

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November 14, 2008 Review: Start out with Duty has to do with foreseeable harm, from the conduct there wil be fore har; if the duty anticipates an intervening cause then we saty intervening cause is fore; if duty anticipated the intervening cuase and that’s the reason why theres duty then interneving cause will not be superseding. Even if fore if the eintervening cause is intentional (that is the intervening cause wanted to bring the harm that is a tendency to say this is superseding, must watch out for the intentiona inverning cause fore ie it’s part of the duty. Suicide is an intervening, intentional act and is superseding, but accident caused a change in this man’s mind, therefore it is not superseding. Checking forces: forces that come about to minimize the damages. Rescuers are anticipated, danger invites rescuers, they did not cause the initial damages, they will only be charged for the aggravation of the incident, and initial tortfeasor will be responsible for all of it. Most courts hold social alcohol to minors, not to adults DUTY: Misfeasance: doing something but doing it improperly Nonfeasance: not doing anything and not doing anything improperly Exception to failure to act: When injury is caused by the instrumentality controlled by D When there is a special relationship with the V or the perpetrator of harm. 3. Pure Economic Loss Pure Economic Loss arises when a person suffers pecuniary loss not consequent upon injury to his person or property. This cases fall into two categories: Negligent misrepresentation or misstatement causing economic loss; and Negligent acts causing economic loss State of Louisiana ex rel. Guste v. M/V Testbank US Court of Appeals, 5 th Circuit, 1985 Law: Without the limit of foreseeability loses much of its ability to function as a rule of law. Bright Line Rule of Damage: Virtue of predictability, allows courts to adjudicate rather then manage. Facts: M/V SD, inbound bulk carrier, and M/V Testbank, an outbound container ship, collided. Containers aboard Testbank were damaged and lost overboard. The overboard was PCP and the largest spill in US history. Coast Guard closed the outlet to navigation until Aug. 10 and all fishing, shrimping, and related activity was temp suspended. Reasoning: Issue: Procedure: DC granted summary judgement to D on all claims for economic losses unaccompanied by physical damage.
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Holding: Affirmed. Notes from the Case:
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November 14 Case and Notes - Review Start out with Duty has...

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