LEB 320F Spring 2011 Unit 2 Student Outline

LEB 320F Spring 2011 Unit 2 Student Outline - TORTS- UNIT 2...

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Unformatted text preview: TORTS- UNIT 2 21/02/2011 14:03:00 Torts: Civil wrong other than a breach of contract that the law is sought for remedy Can be committed against people or property Based on common law o Arose on years and years of court decisions Very broad, breadth is huge Basics Definitions Basis Breadth Negligence (or negligent torts) Didnt meant to do the tort, careless, reckless Elements- must be proven by the plaintiff o Duty of Reasonable Care You owe ppl of duty care because it is reasonably foreseeable that you may harm someone by your actions Zone of danger Area where you were potentially harmed, must be reasonable You dont have duty if you pass a situation But if you intervene then you take on a duty Ottis vs. Clark Matheson is employee that comes to work at drunk It is reasonable to send for care, call his wife, put in a cab, send him home Instead the boss tells Matheson to drive himself home On the way home Clarks family suffered two deaths, so they sued company for negligence Supreme court 1983 Decision Due to an employees incapacity, the employer exercises control over the employee ,has a duty to take such an action as a reasonably prudent employer under the same or similar circumstances would take to prevent the employee from causing harm to others. Duty to landowners Minority rule must treat everyone the same no matter who they are Invitee Ppl you want to be there Under the majority rule o They are owed the highest duty of care Can sue for any tort License People who are licensed to come on your property o Mailman, police, salesman Under the majority rule o Owed some amount of duty Can only sue for hidden dangers Trespasser You dont want them there Majority rule o They are owed the least amount of duty Can only sue for landowner for intentional torts o Breach of Duty Care Whatever duty of reasonable care has not been done or followed But how do you know if they didnt execute the duty as a reasonable person would have? Always same or similar circumstances Emergency conditions Occupations or skill levels Business/ Industry Negligence per say The fact that you violated a statute is enough or something that is legislatively dictated Example: speed limit sign, to go past that limit o It is legislative dictated o Or sell an intoxicated person alcohol Minority say that just cause you did broke a statute doesnt mean your negligent o Causation...
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LEB 320F Spring 2011 Unit 2 Student Outline - TORTS- UNIT 2...

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