50%(2)1 out of 2 people found this document helpful
This preview shows page 1 - 2 out of 5 pages.
Torts Final Exam AnswerDuty Risk AnalysisCause-In-FactThe first issue is whether the defendant’s conduct contributed to the plaintiff’s harm? This question is answered to determine whether there is a causal relationship between injuries/harm done and the actor’s conduct. One of the two tests can be applied. “But For” the defendant’s conduct, would the plaintiff have suffered these injuries (if one defendant/actor). OR Were the actor’s a “substantial factor” in the incident occurring (if two or more defendants/actors)? *no attempt to establish or negate legal liability on this part!DO ANALYSISDutyThe second issue is whether the plaintiff can state a rule of law, either statutory or jurisprudential, that protects his interest? If there were no law, then a court would have to look to what a reasonable person would have done under those circumstances.DO ANALYSISIf the Plaintiff states a law that protects his interest, then it must be determined if the plaintiff falls within the scope of protection of that Law. The third issue is was that law intended to protect this plaintiff, from this particular harm, arising in this manner? DO ANALYSIS to determine if it is a risk that falls within the scope of the duty.IF there is no statutory basis for duty, THEN the courts will also applyone of six socioeconomic factors. These factors include: administrative; ease of association; economic; moral; type of activity, and precedent or historical. The factor that may apply here is………..