TORTS II

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Author:
Anonymous
ID:
123406
Filename:
TORTS II
Updated:
2011-12-13 14:05:40
Tags:
torts
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TORTS II CARDS
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  1. NON-FEASANCE 1
    • General: NO Duty
    • Exceptions:
    • 1. creation of harm
    • 2. creation of risk
    • 3. special relationship
    • 4. special relationship w. dangerous 3dp
    • 5. undertaking to assist
    • 6. taking charge of helpless P
  2. NON-FEASANCE 2
    • Special relationship
    • Employee/employer:
    • must know:
    • -employee is in imminent danger; or
    • -employee is injured

    • Bus Owner/customer
    • -Customer is invitee
    • -Duty to protect when foreseeable
    • -Balancing test
    • Special to dangerous 3d party
    • -Prior relationship + threat to P = duty to warn
    • -Gov. owes to public at large, not idividuals
  3. LANDOWNERS
    -Once known, basic RPP to all entrants

    • Natural conditions
    • -no duty except non obvious
  4. LANDOWNERS: TRESPASSERS
    Trigger: knows of tresspaser, knows of non-obvious danger

    Duty owed: Low; RPP; warn of non-obvious & avoid willful wanton

    Exception: Footpath; use sign to warn of non-obvious
  5. LANDOWNERS: ATTRACTIVE NUISANCE/CHILD TRESPASS
    Trigger: (1) Knows or has reason to know danger may cause serious harm/death (2) Trespass foreseable (3) Know or have reason to know child can't appreciate

    Duty: (1) Care relative to inability (2) Owner must [a] use reasonable care to [b] protect from danger [c] if cost of the harm outweighs cost of protecting (3) Dangerous intrumentality- higher duty to unappreciable

    • -Can balance if too great a burden
    • -Old enough to roam appreciates common hazards
  6. LANDOWNERS: LICENSEES
    • -social guests
    • -must be within scope or trespasser
    • -can be by law; firefighter

    Trigger: knows/has reason to know of danger or in danger (< trespass)

    Duty: RPP; warn of non-obvious & avoid willfill wanton
  7. LANDOWNERS: INVITEES
    Trigger: opening premises

    Duty: RPP
  8. LANDOWNERS: LESSORS
    • Gen: Not liable for dangerous/defective premises
    • Exceptions:
    • 1. Hidden dangers
    • 2. Leased for public use
    • 3. Under lessor control
    • 4. Negligent repair

    Firefighter rule: Not liable for injury from negligence that caused call; new negligence counts
  9. NIED
    • CL: no duty of care for ED alone
    • Impact rule: must actually be touched
    • 1. impact
    • 2. severe emotional harm
    • 3. manifested

    • ZOD (majority): risk of impact
    • 1. foreseeable ZOD
    • 2. severe harm
    • 3. physical consequences
    • -allows for bystander in ZOD (CA = Dillon)

    • Dillon Bystander Rule (CA):
    • 1. At/near scene of injury
    • 2. Direct contemporaneous experience
    • 3. Closely related to victim
    • ------
    • 4. Severe emotional harm
    • 5. Physical consequnces
  10. STRICT LIABILITY (SL)
    DOMESTIC ANIMALS
    • Trespass by animal = trespass by human + foreseeable
    • Exceptions:
    • -Animals straying during transport
    • -Nature creates opportunity for trespass
    • -Caused by another animal
    • -Result of intentional/negligent 3dp

    Fencing out rule: neighbor must fence; livestock owner responsible if breaks fence

    Fencing in rule: owner SL if no fence; not if he reasonably fenses

    • Cats/Dogs: allowed to roam w.o liability unless:
    • 1. causes personal injury
    • 2. owner intentionally/negligently causes trespass
    • -- liable if you see an issue and don't use reasonable care to prevent
  11. STRICT LIABILITY (SL)
    DANGEROUS ANIMALS
    • Not abnormally dangerous: no liability unless:
    • 1. D intentionally causes animal to harm
    • 2. D is negligent in failing to prevent harm
    • -required to know animals characteristics

    • Abnormally dangerous, liability if:
    • 1. SL: if knows or has reason to know of abnormal danger (even if acting as RPP)
    • 2. Negligence: foreseeable risk of harm (only need be RPP)
    • 3. Landowner: if P is invitee, must warn about animal

    Wild Animals: Always SL
  12. STRICT LIABILITY (SL)
    ABNORMALLY DANGEROUS ACTIVITIES
    ss

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