Board of Education teacher lost assaulted student foreseeable duty exists to

Board of education teacher lost assaulted student

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Bell v. Board of Education – teacher lost assaulted student – foreseeable, duty exists to prevent that specific harm Doe v. Manheimer – meter reader assaulted behind bush – bush foreseeably caused harm Contributory Negligence Butterfield v. Forrester – horse trips over pole to block passengers – one has duty of ordinary care to oneself Raisin v. Mitchell – boat hits another boat – if P can avoid the harm, then contributorily negligent Hensel v. Beckward – unlit intersection, P gets T boned – harm foreseeable when turning – CN is complete bar Gyerman v. United States Lines Co. – cargo falls on employee – CN not fair in employment context Li v. Yellow Cab Co. of California – P gets T boned – comparative negligence is most fair Assumption of the Risk Seigneur v. National Fitness Institute – contract with gym contains exculpatory clause – non-essential v essential service Gross v. Sweet – exculpatory clause for parachuting – exculpatory clause must be explicit Brown v. San Francisco Ball Club – hit by baseball, could have had different seats – spectator assumes risk Blackburn v. Dorta – comparative negligence good, assumption of risk if implied secondary = CN Joint and Several Liability Walt Disney World Co. v. Wood – fiancé hits her in bumper car – comparative replaces joint and several liability
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6 Cases Cheat Sheet – Breach & Intentional Torts Proof of Breach Winterowd v. Christensen – stadium grandstand gives way, causes injury – D in control, negligence inferred Welsh v. Cornell – worker falls because clamp breaks – negligence cannot be implied, must be shown Ristau v. E. Frank Coe Co. – train trestle collapses – elimination of other explanations demonstrates breach Res Ipsa Loquitor Colmenares Vivas v. Sun Alliance Insurance Co. – escalator causes harm – exclusive control of instrument, inferred Sullivan v. Crabtree – passenger dies from truck overturning – inference of negligence is rebuttable, shifts ev burden Ybarra v. Spangard – receives paralysis after surgery – drs don’t need exclusive control, no access to ev Intentional Torts White v. Sander – rock thrown into house but didn’t know woman in room – no intent, no assault Brower v. Ackerly – billboard complaints result in threats – imminence of violence necessary GTE Southwest, Inc. v. Bruce – behavior abusive – outrageous conduct causes emotional distress McCann v. Walmart Stores, Inc. – not allowed to leave Walmart – physical restraint not necessary for false imprisonment Garratt v. Dailey – chair pulled out – intent determines battery
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7 Level Two Arguments Legal certainty and predictability vs. flexibility and longevity Rules v. standards Administrability The solution must be workable for the court Institutional competence Someone else is better situated to provide a solution Morality Fairness, justice, Fairness: the government regulates this activity because it is potentially harmful to society, and the risks to the public at large that the risks to the public at large outweigh the risk that a truly innocent one will be charged Nondelegable duty: The responsibility for minimizing the risk in this case falls on the car owner. The owner was
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