Podcast
Questions and Answers
What does P argue for in terms of negligence standards?
What does P argue for in terms of negligence standards?
- Strict liability standard
- Individual intelligence standard
- No specific standard proposed
- Reasonably prudent person standard (correct)
Which of the following is NOT a reason favoring a reasonably prudent person standard over individual intelligence?
Which of the following is NOT a reason favoring a reasonably prudent person standard over individual intelligence?
- Better protection of property ownership
- Predictability in behavior
- Avoiding individual capacity complications
- Accessibility of intelligence tests (correct)
What does the term 'Ex Ante' refer to in negligence cases?
What does the term 'Ex Ante' refer to in negligence cases?
- Prediction of an event before it happens (correct)
- Judgment after the event has occurred
- Clear rule application
- Standard evaluation of behavior
What is a significant problem mentioned regarding juries and their decision-making?
What is a significant problem mentioned regarding juries and their decision-making?
According to the content, what is a characteristic of a 'rule' compared to a 'standard'?
According to the content, what is a characteristic of a 'rule' compared to a 'standard'?
Which of the following is a potential issue with applying a strict rule-like standard in negligence cases?
Which of the following is a potential issue with applying a strict rule-like standard in negligence cases?
What formula is mentioned in the context of moving away from traditional standards in negligence evaluation?
What formula is mentioned in the context of moving away from traditional standards in negligence evaluation?
In the context of deterrence, why is it important for caretakers or individuals with lower intelligence to monitor behaviors?
In the context of deterrence, why is it important for caretakers or individuals with lower intelligence to monitor behaviors?
What does ex post refer to in tort law?
What does ex post refer to in tort law?
How can ex ante actions impose costs on businesses?
How can ex ante actions impose costs on businesses?
In Palsgraf v. Long Island Railroad, what was the main focus of the case?
In Palsgraf v. Long Island Railroad, what was the main focus of the case?
What does the Hand Formula emphasize in negligence cases?
What does the Hand Formula emphasize in negligence cases?
Which of the following best describes the 'Reasonable Prudent Person' standard?
Which of the following best describes the 'Reasonable Prudent Person' standard?
What is one characteristic of strict liability principles?
What is one characteristic of strict liability principles?
What does the 'Negligence' formula emphasize in relation to a breach?
What does the 'Negligence' formula emphasize in relation to a breach?
What is the primary goal of tort law when focusing on ex ante measures?
What is the primary goal of tort law when focusing on ex ante measures?
What was a key factor in the court's holding in Davis v. Feinstein?
What was a key factor in the court's holding in Davis v. Feinstein?
In terms of liability, what does the court aim to achieve according to the ruling?
In terms of liability, what does the court aim to achieve according to the ruling?
What does the Rule of Sevens imply about children under age 7?
What does the Rule of Sevens imply about children under age 7?
Which of the following statements is true regarding the consideration of physical versus mental capabilities in court?
Which of the following statements is true regarding the consideration of physical versus mental capabilities in court?
What precaution could have been taken by D to potentially avoid liability in this case?
What precaution could have been taken by D to potentially avoid liability in this case?
How does the cause of P's fall illustrate the court’s stance on disabilities?
How does the cause of P's fall illustrate the court’s stance on disabilities?
What does the holding in Davis v. Feinstein suggest about expectations for people with disabilities?
What does the holding in Davis v. Feinstein suggest about expectations for people with disabilities?
What overarching principle can be derived from the liability standard applied in the case?
What overarching principle can be derived from the liability standard applied in the case?
What justification might have allowed Eckert to negotiate a deal with RR?
What justification might have allowed Eckert to negotiate a deal with RR?
In the context of Eckert's decision-making, which factor outweighs the expected cost according to the economics mentioned?
In the context of Eckert's decision-making, which factor outweighs the expected cost according to the economics mentioned?
What type of analysis is crucial when assessing liability in cases similar to Margharita's situation?
What type of analysis is crucial when assessing liability in cases similar to Margharita's situation?
What was Margharita's main argument against the ship owners?
What was Margharita's main argument against the ship owners?
What incident led to Martinez's injury while on the Margharita?
What incident led to Martinez's injury while on the Margharita?
Which of the following best summarizes the BPL approach as discussed?
Which of the following best summarizes the BPL approach as discussed?
What was a significant consequence of the approach taken by the Margharita after Martinez's incident?
What was a significant consequence of the approach taken by the Margharita after Martinez's incident?
What factor is NOT typically considered in the BPL approach?
What factor is NOT typically considered in the BPL approach?
In the context of liability, what standard are minors held to when engaged in activities normally undertaken by adults?
In the context of liability, what standard are minors held to when engaged in activities normally undertaken by adults?
What factors determine that a minor should be held to an adult standard of care?
What factors determine that a minor should be held to an adult standard of care?
Which statement best describes the distinction between the Purtle and Dellwo cases?
Which statement best describes the distinction between the Purtle and Dellwo cases?
What is one advantage of having standardized practices in different localities?
What is one advantage of having standardized practices in different localities?
What implication does the case Dellwo have on minor liability for operating vehicles?
What implication does the case Dellwo have on minor liability for operating vehicles?
Which of the following is a potential disadvantage of applying standardized practices across localities?
Which of the following is a potential disadvantage of applying standardized practices across localities?
Under what circumstance is a minor not protected against the imprudence of youth?
Under what circumstance is a minor not protected against the imprudence of youth?
How do standardized practices affect the accountability of professionals?
How do standardized practices affect the accountability of professionals?
Which of the following is a condition for applying the adult standard of care to minors?
Which of the following is a condition for applying the adult standard of care to minors?
What is a key reason why minors operating powerboats could be held liable?
What is a key reason why minors operating powerboats could be held liable?
What challenge may arise from the application of standardized practices in isolated areas?
What challenge may arise from the application of standardized practices in isolated areas?
What is one way minors can be protected from liability during adult activities?
What is one way minors can be protected from liability during adult activities?
Standardized practices aim to balance which aspects between rural and urban settings?
Standardized practices aim to balance which aspects between rural and urban settings?
Which statement most accurately reflects the outcome of localized norms on substandard practices?
Which statement most accurately reflects the outcome of localized norms on substandard practices?
What is one reason why determining similar localities can be challenging?
What is one reason why determining similar localities can be challenging?
What benefit do standardized practices provide in relation to professionals' actions?
What benefit do standardized practices provide in relation to professionals' actions?
Flashcards
Reasonably Prudent Person Standard
Reasonably Prudent Person Standard
A legal standard that judges a person's conduct against the hypothetical actions of a reasonable person in similar circumstances.
Individual Standard of Intelligence
Individual Standard of Intelligence
A legal standard that judges a person's conduct based on their own individual mental capabilities.
Administrability
Administrability
The ease with which a legal standard can be applied and understood. It's important for predictable outcomes and efficiency in the legal system.
Bearing the Loss
Bearing the Loss
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Deterrence
Deterrence
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Hand Formula (BPL)
Hand Formula (BPL)
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Custom
Custom
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Rule
Rule
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Adult Activity Exception
Adult Activity Exception
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Pearson Case
Pearson Case
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Factors for Applying the Adult Activity Exception
Factors for Applying the Adult Activity Exception
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Distinction between Purtle and Dellwo Cases
Distinction between Purtle and Dellwo Cases
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Dellwo Case - Age Uncertainty
Dellwo Case - Age Uncertainty
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Purtle Case - Age Restriction
Purtle Case - Age Restriction
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Holding in the Pearson Case
Holding in the Pearson Case
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Purpose of the Adult Activity Exception
Purpose of the Adult Activity Exception
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Ex Post
Ex Post
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Ex Ante
Ex Ante
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Reasonable Prudent Person
Reasonable Prudent Person
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Strict Liability
Strict Liability
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Negligence Per Se
Negligence Per Se
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Res Ipsa Loquitor
Res Ipsa Loquitor
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Hand Formula
Hand Formula
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Palsgraf v. Long Island Railroad
Palsgraf v. Long Island Railroad
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Incentivizing Reasonable Precautions
Incentivizing Reasonable Precautions
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Accounting for Physical Disabilities
Accounting for Physical Disabilities
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Davis v. Feinstein: Duty to Protect
Davis v. Feinstein: Duty to Protect
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Lower Standard of Care for Children
Lower Standard of Care for Children
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Rule of Sevens: Under 7
Rule of Sevens: Under 7
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Rule of Sevens: 7-14
Rule of Sevens: 7-14
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Rule of Sevens: Over 14
Rule of Sevens: Over 14
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Physical vs. Mental Capabilities
Physical vs. Mental Capabilities
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Economics of Rescue
Economics of Rescue
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Balancing of Probabilities and Loss (BPL)
Balancing of Probabilities and Loss (BPL)
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Expected Benefits Exceeding Costs
Expected Benefits Exceeding Costs
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Expanding Probability Assessment
Expanding Probability Assessment
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Ex Post Compensation
Ex Post Compensation
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Compensation for Beneficial Actions
Compensation for Beneficial Actions
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Liability
Liability
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Locality Rule
Locality Rule
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Purpose of Locality Rule
Purpose of Locality Rule
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Locality Rule Challenges
Locality Rule Challenges
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Locality Rule Limitations
Locality Rule Limitations
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Benefits of Locality Rule
Benefits of Locality Rule
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National Standard of Care
National Standard of Care
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Benefits of National Standard
Benefits of National Standard
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Study Notes
Attack Introduction
- Negligence is the reasonable person: a person of ordinary prudence, considering all the surrounding factors.
- The Hand Formula (BPL/Cost-Benefit Analysis): Determines whether a precaution is worth the expense: considering if the cost (B) to take a particular precaution is less than the probability (P) of an accident times loss(L) expected from that accident.
Negligence
- Custom: a common way in which people behave. Sometimes showing custom helps prove reasonable care or to show lack of it.
- Negligence Per Se: An act that violates a law which exists to prevent the sort of harm that occurred. Violation is negligence.
- Res Ipsa Loquitur: "The thing speaks for itself" - If an accident occurred in a way that would not normally happen unless someone was careless, the burden of proof shifts to the party (defendant).
Strict Liability
- Activity Levels and Respondeat Superior: If someone is doing things for their company at work in a manner that harms another, the company (employers) are likely liable.
- Preponderance of the Evidence Rules: This is a basic standard for determining whether a person's actions were truly negligent. It basically means that the evidence must weigh over the other information, and over 50% prove the fact you're trying to prove.
- Loss of Chance: a particular type of causation case where P's damages are measured not by whether P survived but the percentage reduction in likelihood of survival or recovery, etc. this occurs when P is already predisposed to a certain injury before the accident occured.
- Multiple Defendants: A situation where someone was harmed while more than one person was potentially negligent and responsible. It's a unique area of the law.
Causation
- Remoteness and Foreseeability: Whether a defendant could (reasonably) foresee that their negligent act would cause subsequent harm.
- Intervening Causes: If an unforeseeable event occurs between the negligent act and the injury, it may break the chain of causation. It is important to use this analysis when determining which party is responsible for harm done.
Damages
- Ability to get Damages: Factors that affect whether or not someone brings a lawsuit.
- Compensatory Damages: Awarded by courts to compensate people who have been injured by another party's negligence.
- Economic Refinements, Insurance, and Intangible Losses. These are types of compensatory damages that include calculating financial loss and pain and suffering.
- Punitive Damages: Awarded when a party's conduct has harmed another to a high degree.
Duties and Defenses
- Duties from Affirmative Acts, Undertakings, Special Relationships
- Duties Arising from Affirmative Acts: An act by the defendant that created a duty where there was none.
- Cases where the D has done something (action that harms someone else) and is that something enough to create a duty on D: A specific type of case where there was no prior duty, but some action by the defendant created a new duty and a liability on them.
Mental Abilities
- Vaughn v. Menlove: Objective Standard- Reasonable Person.
Physical Disabilities
- Examples in Torts.
- Key Differences in a Torts Context.
- Application in 1L Torts Class
Breach:
- Negligence
- Strict Liability
Negligence = Duty + Breach
- The Reasonable Person
Mental Abilities/Physical Disabilities
- Tests for Negligence: reasonable prudent person
- Moving away from standards
- Mental Abilities
- Case: Vaughn v. Menlove.
- Case: Fredericks v. Castora
- Case: Kerr v. Connecticut Co.
- Example in Torts.
Age
- General Rule
- Rule of Sevens
- Exceptions
Products Liability
- The Move to Modern Products Liability
- Manufacturing Defects
- Design Defects
- Marketing Defects
Intentional Torts
- Battery, Consent, Trespass, Conversion, and False Imprisonment
- Privileges and Necessity
Ultrahazardous Activities
- Facts & Holding.
- Rule and Key Ideas.
Negligent Infliction of Emotional Distress
- Facts & Holding
- Rule and Key Ideas
Causation: But-For & Proximate Causation
- But for causation
- Proximate causation
- Problems with BPL
- Case: NY Central Railroad v. Grimstad
- Case: Gardner v. National Bulk Carriers
- Case: Stacy v. Knickerbocker Ice
Causation: Multiple Defendants
- Doctrine of Alternative Liability
- Case: Summers v. Tice
- Case: Kingston v. Chicago Northwest Railway
- Case: Litzman v. Humboldt
- In General
Damages/Economic Refinements
- Compensatory damages
- Economic Refinements, insurance, and intangible losses
- How to measure damages: present, future, loss of enjoyment, diminished value, future costs
- Case: Newlin v. NE Telephone (No pure economic loss case)
- Case: Madison Gourmet Foods v. Finlandia (Pure economic loss case)
Duty v. Proximate Cause
- In General
- Policy Concerns
- Examples
- Policy justifications for a nuanced proximate cause rule
- Case: Palsgraf v. Long Island Railroad
- Case: Doughty v. Turner
Damages and Discrimination
- concerns with bias in damages
- Case: Landers v. Ghosh
Additional Notes on Intervening Causes
- Proof Problems
- Victim Precaution
- Activity Levels
- Loss of Chance
- Full Formula in Context
- Cases
Intentional Tort Categories and Elements
- Battery
- Assault
- False Imprisonment
- IIED
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