LEB 320F Spring 2011 Unit 2 Student Outline

LEB 320F Spring 2011 Unit 2 Student Outline - Torts Basics...

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Torts Basics o Definitions o Basis o Breadth Negligence (or negligent torts) o Elements You owe someone a duty of reasonable care Breach of that duty Causation: the defendant was the cause of the tort Proximate cause: direct connection between the defendant’s reckless act and plaintiff injury o Brown v. Phil College, 3 Factor to help decide whether the defendant’s conduct is the proximate cause Number of other factors contributing to the harm and the extent of each Whether the actors conduct has created a force or series of forces that are in continuous and active operation to the time of harm Lapse of time Factual causation o Causation in fact (“But-for causation”): court will say “will the injury not have occurred but for the carelessness of the defendant. o Substantial factor: the defendant’s carelessness was a substantial factor in the injury Reasonable foreseeability: plaintiff must prove that it was easily foreseeable that defendant’s actions would lead to injury o Independent intervening cause: action from a third party disrupts the causal connection between defendant and plaintiff. Unforeseen by defendant. If defendant can reasonably foresee the third party’s actions, he is not off the hook.
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Injury: to person and/or property Process for recovery of emotional distress Old rule: recovery was allowed only if there was also physical injury Zone of danger: courts started allowing recovery for purely emotional distress if plaintiff was in zone of danger Now Bystander recovery: no physical injury/zone of danger. You have to show that you are a bystander o Was the plaintiff near the negligence/reckless action? o Did the emotional shock result from witnessing the negligent action? o Were the plaintiff and victim of the careless act closely related? o Defenses Plaintiff’s fault Contributing negligence: plaintiff is partially at fault for his own injury. o
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This note was uploaded on 04/02/2011 for the course LEB 320 taught by Professor Cole,bradley during the Spring '11 term at Alfred University.

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LEB 320F Spring 2011 Unit 2 Student Outline - Torts Basics...

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