Much higher duty to those you invited or gave

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much, higher duty to those you invited or gave permission to come (trespasser not so much) – Majority view You wouldn’t have to put be aware sign for trespasser Majority view – says you owe more duty to invitee than to licensee than you do to trespasser Minority view – same duty for all three categories, gotta let ‘em know, trespass same level of duty as invitee (positive about giving trespasser much protection as invitee – allow for some consistency Each of us owes to those who might be reasonably harmed, if somebody outside reasonable foreseeability, you don’t owe them a duty 2) Breach of duty - defendant breached duty of care to plaintiff, defendant failed to exercise same care as a reasonable person under same or similar circumstances would have exercised – reasonable person standard - you need to know all of circumstances to decide if defendant was reasonable in that circumstances - any circumstances should be considered (consider all, look in total) when determining whether defendant acted reasonably - skill of others - emergency condition should be considered (was there something else in that situation that made that person do such action?) - community/business customs : customs within business that don’t exist outside that content, totally reasonable inside, this is something you do in industry, within community, trade, industry - conduct of others(?) motel operator – negligent in supervision, in keeping place safe – not all motel operators are the same, not do enough for safety, motel in a high crime area would need more security, if you operate where more likely to have crime – need to consider conduct of others - you defendant should have considered other people, when considering duty you owe (not everybody, but some courts using) - negligent per se – we don’t make them ask if you either breach duty of care, fact you did it, we say you were negligent, negligent per se. For example (legislatively dictated as unreasonable) 1) dram shop laws – selling alcohol to someone who’s intoxicated, just by the fact you were selling, you were negligent. 2)speed limit signs (legislatively dictated) – if you know they were exceeding post limit, they were negligent, violence of these – you were negligent… Majority of court says violation of these (speed limit), you were negligent in driving; however, some
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TORTS- UNIT 2 21:07 courts say that this statue ordinance violation is just one of several factors you can consider 3) Cause (defendant was the cause of tort the negligence, the injury, reason you are suing) Proximate causation (legal causation) (1) Factual causation – causation in fact (but – for causation), Substantial Factor (defendant carelessness was a substantial factor for the injury) (2) Reasonable foreseeability 4) Injury Defenses 1) Plaintiff’s part (1) Contributory negligence – harsh, plaintiff at 1% fault – no recovery at all, minority view (2) Comparative fault (A)Pure – defendant 1% fault, if even part of it is on defendant, defendant got that
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  • Spring '11
  • Cole,Bradley
  • Tort Law, Injury

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