torts

Essay text:

Stern Intentional Torts against Property Trespass to land Interference with owner's right to exclusive possession of land Trespass to and conversion of personal property Injury to property or interference with enjoyment of property Depriving true owner of use of property by exercising ownership rights. E.g. Failure to return. Elements of Unintentional Torts (Negligence) To be successful in a negligence lawsuit, the plaintiff must prove: The defendant owed a duty of care to the plaintiff The defendant breached this duty of care The plaintiff suffered injury The defendant's negligent act caused the plaintiff's injury Elements of Unintentional Torts (Negligence) Duty of care Obligation not to cause unreasonable harm or risk of harm Reasonable person standard Breach of duty of care Sins of commission or omission Causation Causation in fact The defendant's negligent act must be the causation in fact or actual cause of the plaintiff's injuries Proximate cause A point along the chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions Professional Malpractice Professionals, such as doctors, lawyers, architects, accountants, and others owe a duty of ordinary care, called the reasonable professional standard, in providing their services A professional who breaches this duty is liable for professional malpractice Negligent Infliction of Emotional Distress Negligent infliction of emotional distress is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct A plaintiff must prove that A relative was killed or injured by the defendant The plaintiff suffered severe emotional distress The plaintiff's mental distress resulted from a sensory and contemporaneous observance of the accident Special Negligence Doctrines Negligence per se Res ipsa loquitur Dram shop acts Social host liability Guest statutes Good Samaritan laws Fireman's rule "Danger invites rescue" doctrine Liability of common carriers and innkeepers Liability of landowners Special Negligence Doctrines Negligence per se Violation of statute or ordinance constitutes breach of duty of care Res ipsa loquitur Presumption of negligence Defendant in exclusive control Plaintiff would not have suffered injury but for someone's negligence Burden of proof on defendant Special Negligence Doctrines Dram shop acts Taverns and bartenders liable for injuries caused by patrons served too much alcohol Social host liability Social hosts liable for injuries Guest statutes Drivers not liable to hitchhikers for ordinary negligence Danger invites rescue Injured rescuer can sue person causing danger Special Negligence Doctrines Liability of common carriers and innkeepers Duty of utmost care Responsibility to provide security to passengers or guests Liability of landowners Invitees and licensees: duty of ordinary care (prevent injury) Trespassers: duty not to willfully or wantonly injure (prevent intentional injury) Defenses Against Negligence Assumption of the risk Plaintiff knowingly enters into a risky activity that results in injury Contributory negligence Plaintiff partially at fault cannot recover against negligent defendant Comparative negligence Pure CN: Damages apportioned according to fault Partial CN: Plaintiff's responsibility must be less than 50% Superseding or intervening event Business Torts Entering certain businesses and professions without a license Intentional misrepresentation (fraud) Civil RICO Strict Liability Strict liability is liability without fault Strict liability doctrine There are certain activities that place the public at risk of injury even if reasonable care is taken The public should have some means of compensation if such injury occurs Strict liability was first imposed for abnormally dangerous activities Cases Fischer v...