Caused by Forsee Interven Forces negligence of rescuers medical malpractice YES

Caused by forsee interven forces negligence of

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Caused by Forsee. Interven. Forces (negligence of rescuers; medical malpractice) – YES ii. Foresee. Results Caused by Unforesee. Interven. Forces usually, YES (unless UIF was a crime/int. tort of 3d person) iii. Unforesee Results Caused by FIF NO iv. Unforesee Results Caused by UIF NO D AMAGES A. Eggshell Skull: ∆ pays for all harm suffered by the π even if the extent of damages was unforeseeable. You take your plaintiff as you find your plaintiff. B. π must suffer PI or PD ; econ. harm alone insufficient C. Defense for D P failed to mitigate her damages D EFENSES A. Contributory Negligence (CL-P cl barred if neg) a. Exception Last Clear Chance B. Comparative Fault/Negligence a. “pure” = ∏ recovers regardless of fault (%). b. “modified” = ∏ recovers only if fault is less than ∆ C. Assumption of the Risk – knows risk & voluntarily proceeds STRICT LIABILITY SL- is tort liability w/o fault; Reqs (1) absolute duty of care, (2) Breach of that duty, (3) Causation, and (4) damages A NIMALS A. Domesticated Animals: the owner is not strictly liable for injuries caused by animals unless she has knowledge that the animal has vicious propensities. B. Trespassing Animals: strictly liable for reasonably foreseeable damage caused by trespassing animals. C. Wild Animals: SL for injuries by any wild animals you keep. U LTRAHAZARDOUS A CTIVITIES A. Activity: An activity is ultrahazardous if a. it involves a risk of serious harm ; b. it can’t be performed w/o risk of serious harm; c. not a matter of common usage in community B. Duty: absolute duty to make safe ultrahazardous activities that is owed to all foreseeable plaintiffs. C. Causation: strict liability for harm caused by activity D. Defenses: assumption of the risk; comparative negligence; no contri. neg. if P failed to realize the danger or guard against it (but if P knew of danger, defense is possible) PRODUCTS LIABILITY S TRICT P RODUCTS L IABILITY ( NO PRIVITY ) A. Under all theories, must 1st show product left manufacturer in defective condition (causation) B. Duty : ∆, a merchant, has a duty to supply safe products; any foreseeable Π (no privity req); C. Breach: ∆ supplies def. prod & defective when it left manufacturer (“unreasonably dangerous”) a. Design defect (all) : P must show either : i. Product failed to perform as safely as ord. consumer would expect, anti. reas. misuse ii. Alt. design is safer w/o impact on price/util b. Manufacturing defect (1 prod) : P must meet one of the elements in design defect. c. Inadequate warning : failure to give adequate warnings (prominent, legible, well-placed) i. Danger not apparent to user & ii. Use of warning not affect price/utility D. Causation: a. Factual: defect existed when product left ∆ & not substantially altered (went through normal channels of distribution) b. Proximate: foreseeable use or substantial factor E. Damages: property/personal injury a. No recovery for economic loss alone F. Defenses: a. Assumption of Risk b. Contrib. neg/comparative negligence N EGLIGENCE ( NO PRIVITY ) A. Duty: ∆ is a merchant & foreseeable Π (no privity req) B. Breach: a.
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