1) Types of Damage IN TORTS WE START W/ THE DMG AND MOVE BACK TO
b.i) I.E. car damaged in accident
c.i) Distress, fear, etc.
d.i) Were it not for the action of the defendant, claimant would
I. EXAMPLE OF A TORT SUIT/TORT LAW IN CONTEXT
Tort=wrong or trespass When the law recognizes misconduct as a tort, it entitles the V to invoke the legal system to respond to the wrong To commit a tort is to act in a manner that is wrongful toward and
Torts /A. Stein
Negligence: Conduct falling below the standard of care that a reasonable person would demonstrate under
A. Tort of Negligence: (1) Duty (2) Breach (3) Casual Connection (4) Damages
P has burden of showing that D,
Hammontree v. Jenner
Facts: Epileptic is drivingwith a license and state knows he has epilepsy plus his
doctor said he was OK to driveand he has a seizure (even though taking his meds) and
crashes into womans store and injures her. She sues.
Actual Notice: Direct Communication of information that would cause an ordinary person of
average prudence to inquire as to its truth.
Hammontree v. Jenner (N&SL),
Apparent Authority: The authority granted to an agent to act on behalf of the principle in
TORTS (34 QS)
A. Prima Facie Case
1. Act by D a volitional movement by D
2. Intent can be either
a. Specific the goal in acting is to bring about specific consequences, OR
b. General actor knows with substantial certainty that these c