Summary of Contents. PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2
|
|
- Paulina Berry
- 6 years ago
- Views:
Transcription
1 Summary of Contents Director s Foreword... Editor s Foreword... iii v PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2 PART II. INTENTIONAL HARM TO PERSONS OR PROPERTY Chapter 2. Intentional Harm to Persons Chapter 3. Intentional Harm to Land or Chattels Chapter 4. Defenses of Person, Land, and Chattels Privileges PART III. NEGLIGENT HARMS TO PERSONS OR PROPERTY Chapter 5. Negligence Liability and the Ordinary Duty of Care Chapter 6. Breach of Duty Chapter 7. Physical Harm Chapter 8. Factual Cause Chapter 9. Scope of Liability (Proximate Cause) Chapter 10. Defenses Chapter 11. A rmative Duties Chapter 12. Duty of Land Possessors PART IV. EMOTIONAL HARM Chapter 13. Liability for Emotional Harm PART V. LIABILITY OF EMPLOYERS AND THOSE WHO HIRE INDEPENDENT CONTRACTORS Chapter 14. Direct and Vicarious Liability of Those Who Hire Employees and Independent Contractors vii
2 Summary of Contents PART VI. STRICT LIABILITY Chapter 15. Strict Liability PART VII. PRODUCTS LIABILITY Chapter 16. Products Liability PART VIII. NUISANCE Chapter 17. Nuisance PART IX. APPORTIONMENT OF LIABILITY Chapter 18. Apportionment of Liability PART X. DAMAGES Chapter 19. Damages viii
3 Director s Foreword... Editor s Foreword... iii v PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2 A. The American Law Institute... 2 B. The Restatement of Torts... 3 C. The Restatement Third of Torts: Liability for Physical and Emotional Harm... 5 PART II. INTENTIONAL HARM TO PERSONS OR PROPERTY Chapter 2. Intentional Harm to Persons A. General Principles Intent Recklessness Liability for Intentional Physical Harm Scope of Liability for Intentional and Reckless Tortfeasors B. Battery Battery: Harmful Contact Character of Intent Necessary Battery: O ensive Contact What Constitutes O ensive Contact C. Assault Assault Attempt Unknown to Other Conditional Threat Threat by Words ix
4 D. False Imprisonment False Imprisonment What Constitutes Con nement Con nement by Physical Force Con nement by Threats of Physical Force Con nement by Asserted Legal Authority Chapter 3. Intentional Harm to Land or Chattels A. Trespass on Land Liability for Intentional Intrusions on Land Intended Intrusions Causing No Harm Intrusions Under Mistake B. Trespass to Chattels Ways of Committing Trespass to Chattel Liability to Person in Possession C. Conversion A. What Constitutes Conversion Conversion by Receiving Possession in Consummation of Transaction Chapter 4. Defenses of Persons, Land, and Chattels Privileges A. Self-Defense and Defense of Third Persons Self-Defense by Force Not Threatening Death or Serious Bodily Harm Self-Defense by Force Threatening Death or Serious Bodily Harm Defense of Third Person B. Defense of Land and Chattels Defense of Possession by Force Not Threatening Death or Serious Bodily Harm Use of Mechanical Device Not Threatening Death or Serious Bodily Harm Use of Mechanical Device Threatening Death or Serious Bodily Harm C. Consent Meaning of Consent x
5 168. Conditional or Restricted Consent Consent Restricted as to Area Consent Conditioned or Restricted as to Time Consent Obtained by Duress D. Privileged Entries on Land Public Necessity Private Necessity PART III. NEGLIGENT HARMS TO PERSONS OR PROPERTY Chapter 5. Negligence Liability and the Ordinary Duty of Care A. General Principles of Negligence Liability for Physical Harms Negligence Liability for Negligence Causing Physical Harm B. The Ordinary Duty of Reasonable Care Duty Judge and Jury C. Particular Circumstances Related to the Duty of Care Emergency Children Disability Knowledge and Skills Chapter 6. Breach of Duty A. Custom Custom B. Violation of Statute Statutory Violations as Negligence Per Se Excused Violations C. Compliance with Statute Statutory Compliance xi
6 D. Res Ipsa Loquitur Res Ipsa Loquitur E. Particular Types of Breach Negligent Failure to Warn Conduct That Is Negligent Because of the Prospect of Improper Conduct by the Plainti or a Third Party Chapter 7. Physical Harm Physical Harm Chapter 8. Factual Cause A. But-for Cause Factual Cause B. Multiple Su cient Causes Multiple Su cient Causes C. Burden of Proof Burden of Proof Chapter 9. Scope of Liability (Proximate Cause) A. Harms Risked by the Tortious Conduct Limitations on Liability for Tortious Conduct Risk of Harm Not Generally Increased by Tortious Conduct B. Unforeseeable Harm Preexisting Conditions and Unforeseeable Harm Rescuers C. Intervening, Subsequent, and Duplicative Acts Intervening Acts and Superseding Causes Enhanced Harm Due to E orts to Render Medical or Other Aid Trivial Contributions to Multiple Su cient Causes Chapter 10. Defenses A. Assumption of the Risk Contractual Limitations on Liability B. Plainti Fault xii
7 3. Ameliorative Doctrines for De ning Plainti s Negligence Abolished Proof of Plainti s Negligence and Legal Causation E ect of Plainti s Negligence When Plainti Su ers an Indivisible Injury C. Assigning Shares of Responsibility Factors for Assigning Shares of Responsibility Chapter 11. A rmative Duties A. General Rule No Duty of Care with Respect to Risks Not Created by Actor B. Exceptions A rmative Duty Based on Statutory Provisions Imposing Obligations to Protect Another Duty Based on Prior Conduct Creating a Risk of Physical Harm Duty Based on Special Relationship with Another Duty to Third Parties Based on Special Relationship with Person Posing Risks Duty Based on Undertaking Duty to Third Parties Based on Undertaking to Another Duty to Another Based on Taking Charge of the Other Chapter 12. Duty of Land Possessors A. De nitions Possessor of Land De ned Trespasser De ned B. General Duty of Land Possessors General Duty of Land Possessors C. Exceptions and Special Rules Duty of Land Possessors to Flagrant Trespassers xiii
8 53. Duty of Lessors Duty of Land Possessors to Those Not on the Possessor s Land PART IV. EMOTIONAL HARM Chapter 13. Liability for Emotional Harm A. Emotional Harm De ned Emotional Harm B. Intentional or Reckless In iction of Emotional Harm Intentional (or Reckless) In iction of Emotional Harm C. Negligent In iction of Emotional Harm Negligent Conduct Directly In icting Emotional Harm on Another Negligent In iction of Emotional Harm Resulting from Bodily Harm to a Third Person PART V. LIABILITY OF EMPLOYERS AND THOSE WHO HIRE INDEPENDENT CONTRACTORS Chapter 14. Direct and Vicarious Liability of Those Who Hire Employees and Independent Contractors A. Overview of Liability of Employers and Other Principals Principal s Liability In General B. Direct Liability in Negligence of Employers Principal s Negligence in Conducting Activity Through Agent; Principal s Special Relationship with Another Person C. Vicarious Liability of Employers for Torts Committed by Employees Respondeat Superior D. Overview of Liability of Those Who Hire Independent Contractors E. Direct Liability in Negligence of Those Who Hire Independent Contractors Direct Liability in Negligence of Those Who Hire Independent Contractors xiv
9 56. Duty Limitation as to Work Entrusted to an Independent Contractor F. Vicarious Liability of Those Who Hire Independent Contractors Vicarious Liability of Those Who Hire Independent Contractors: General Rule Work Involving Abnormally Dangerous Activities Activity Posing a Peculiar Risk Work on Instrumentalities Used in Highly Dangerous Activities Activities Involving a Trespass, Nuisance, or Withdrawal of Support Possessors and Lessors of Land Precautions Required by Statute or Regulation Activities Under Public Franchise or in a Public Place Work Accepted as the Hirer s Performance of the Work PART VI. STRICT LIABILITY Chapter 15. Strict Liability A. Abnormally Dangerous Activities Abnormally Dangerous Activities B. Animals Intrusion by Livestock or Other Animals Wild Animals Abnormally Dangerous Animals C. Scope of Liability Scope of Strict Liability D. Defenses Comparative Responsibility xv
10 PART VII. PRODUCTS LIABILITY Chapter 16. Products Liability A. Categories of Product Defect (Manufacturing, Design, and Warning Defect) Liability of Commercial Seller or Distributor for Harm Caused by Defective Products Categories of Product Defect B. Warning Defect Liability of Commercial Product Seller or Distributor for Harm Caused by Misrepresentation Liability of Commercial Product Seller or Distributor for Harm Caused by Post-Sale Failure to Warn C. Defenses and Remedies Apportionment of Responsibility Between or Among Plainti, Sellers and Distributors of Defective Products, and Others Disclaimers, Limitations, Waivers, and Other Contractual Exculpations as Defenses to Products Liability Claims for Harm to Persons D. Principles of General Applicability De nition of Product PART VIII. NUISANCE Chapter 17. Nuisance A. Types of Nuisance A. Types of Nuisance B. Public Nuisance B. Public Nuisance C. Who Can Recover for Public Nuisance C. Private Nuisance D. Private Nuisance General Rule Unreasonableness of Intentional Invasion D. Signi cant-harm Requirement xvi
11 821F. Signi cant Harm E. Defenses D. Coming to the Nuisance PART IX. APPORTIONMENT OF LIABILITY Chapter 18. Apportionment of Liability A. Apportioning Liability Among Two or More Persons Issues and Causes of Action Addressed by This Restatement B. Multiple Tortfeasors and Indivisible Harms E ect of Joint and Several Liability E ect of Several Liability Intentional Tortfeasors Vicarious Liability Tortfeasors Liable for Failure to Protect the Plainti from the Speci c Risk of an Intentional Tort Persons Acting in Concert E ect of Partial Settlement on Jointly and Severally Liable Tortfeasors Liability Joint and Several or Several Liability for Independent Tortfeasors C. Indemnity and Contribution Indemnity Contribution D. Multiple Tortfeasors and Divisible Harms Apportionment of Liability When Damages Can Be Divided by Causation PART X. DAMAGES Chapter 19. Damages A. Basic Concepts General Principle Compensatory Damages De nition General and Special Damages xvii
12 905. Compensatory Damages for Nonpecuniary Harm Compensatory Damages for Pecuniary Harm Punitive Damages Damages for Past, Present and Prospective Harms Expense of Litigation A. E ect of Taxation B. Diminution of Damages Avoidable Consequences Bene t to Plainti Resulting from Defendant s Tort A. E ect of Payments Made to Injured Party C. Compensatory Damages for Speci c Types of Harm Harm to the Person Actions for Causing Death xviii
Strict Liability and Product Liability PRODUCT LIABILITY WARRANTY LAW
Strict Liability and Product Liability PRODUCT LIABILITY The legal liability of manufacturers, sellers, and lessors of goods to consumers, users and bystanders for physical harm or injuries or property
More informationOAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS. CEPL Substantive Law: TORTS
OAKLAND UNIVERSITY PARALEGAL PROGRAM SYLLABUS CEPL 25070 Substantive Law: TORTS Text: Emily Lynch Morissette, Personal Injury and the Law of Torts for Paralegals, Fourth Edition, Wolters Kluwer. Faculty:
More informationThe Empowered Paralegal Cause of Action Handbook
The Empowered Paralegal Cause of Action Handbook Carolina Academic Press The Empowered Paralegal Series Robert E. Mongue The Empowered Paralegal: Effective, Efficient and Professional The Empowered Paralegal:
More informationMBE WORKSHOP: TORTS PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW
CHAPTER 1: TORTS MBE WORKSHOP: TORTS PROFESSOR LISA MCELROY DREXEL UNIVERSITY SCHOOL OF LAW Editor's Note 1: The below outline is taken from the National Conference of Bar Examiners' website. NOTE: The
More informationINTENTIONAL TORTS. clkko t rs 1
INTENTIONAL TORTS RTT 1: Intent A person intentionally causes harm if the person brings about that harm either purposefully or knowingly. (1) Purpose. A person purposefully causes harm if the person acts
More informationSTATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW
STATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW Nicholas C. Grant Ebeltoft. Sickler. Kolling. Grosz. Bouray. PLLC PO Box 1598 Dickinson, ND 58602 Tel: (701) 225-5297 Email: ngrant@eskgb.com www.eskgb.com
More informationTORT LAW. Third Edition. Lewis N. Klar, Q.C. B.A., B.C.L., LL.M. Professor of Law University of Alberta THOMSON - ^ CARSWELL
TORT LAW Third Edition Lewis N. Klar, Q.C. B.A., B.C.L., LL.M. Professor of Law University of Alberta THOMSON - ^ CARSWELL TABLE OF CONTENTS Preface Table ofcases v xix Chapter 1 INTRODUCTION TO TORT LÄW
More informationCONDENSED OUTLINE FOR TORTS I
Condensed Outline of Torts I (DeWolf), November 25, 2003 1 CONDENSED OUTLINE FOR TORTS I [Use this only as a supplement and corrective for your own more detailed outlines!] The classic definition of a
More informationWINFIELD TORT EIGHTH EDITION J. A. JOLOWICZ, M.A.
WINFIELD ON TORT EIGHTH EDITION BY J. A. JOLOWICZ, M.A. Of the Inner Temple and Gray's Inn, Barrister-at-Law; Fellow of Trinity College, Cambridge; Lecturer in Law of the University of Cambridge AND T.
More informationCED: An Overview of the Law
Torts BY: Edwin Durbin, B.Comm., LL.B., LL.M. of the Ontario Bar Part II Principles of Liability Click HERE to access the CED and the Canadian Abridgment titles for this excerpt on Westlaw Canada II.1.(a):
More informationTHE COMMON LAW LIBRARY CLERK & LINDSELL TORTS TWENTIETH EDITION
THE COMMON LAW LIBRARY CLERK & LINDSELL ON TORTS TWENTIETH EDITION SWEET & MAXWELL &O?3 THOMSON REUTERS Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of Civil Procedure
More informationSTRICT LIABILITY. (1) involves serious potential harm to persons or property,
STRICT LIABILITY Strict Liability: Liability regardless of fault. Among others, defendants whose activities are abnormally dangerous or involve dangerous animals are strictly liable for any harm caused.
More informationLaw of Tort (Paper 22, Unit 22) Syllabus - for the June and October 2009 Examinations
Outline of assessment Law of Tort (Paper 22, Unit 22) Syllabus - for the June and October 2009 Examinations Time allowed: 3 hours. Each question carries a total of 25 marks. The examination paper is divided
More informationTorts Office: Hazel Hall 307 Office Hours: Tuesday, 8:00 PM to. August 20 through November 27 Exam: Monday, Dec. 10 at 6:00 PM
Law 110, Section 004 Robert Leider Torts Office: Hazel Hall 307 Hazel Hall Office Hours: Tuesday, 8:00 PM to TR: 6:00-7:50 PM 9:00 PM, and by appointment Fall Semester: E-mail: rleider@gmu.edu August 20
More informationPRELIMINARY STATEMENT. Brooklyn in which he was serving out the last months of his prison sentence to a
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------X Daniel McGowan : : Plaintiff, : : COMPLAINT AND -v- : DEMAND FOR A : JURY TRIAL United States
More informationTorts I review session November 20, 2017 SLIDES. Negligence
Torts I review session November 20, 2017 SLIDES Negligence 1 Negligence Duty of care owed to plaintiff Breach of duty Actual causation Proximate causation Damages Negligence Duty of care owed to plaintiff
More informationTorts I Outline. Right on the law. Relevant Reasonable Not Repetitive. You got this. Lewis & Clark Law School Fall Semester 2017 Professor Gomez
Torts I Outline Lewis & Clark Law School Fall Semester 2017 Professor Gomez Right on the law. Relevant Reasonable Not Repetitive You got this. 1 Table of Contents Intentional Torts... 3 Transferred Intent.....
More informationFall 1994 December 12, 1994 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1
Professor DeWolf Torts I Fall 1994 December 12, 1994 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1 The facts for Question 1 are taken from Erbrich Products Co., Inc. v. Wills, 509 N.E.2d 850 (Ind. 1987), in
More informationBasic Information on Professor Eaton s Torts Class (Section Y) Fall 2017
Basic Information on Professor Eaton s Torts Class (Section Y) Fall 2017 1 Required Text: Prosser, Wade and Schwartz s Torts Cases and Materials (13 th edition 2015) (PWS); Required Text: The American
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice
More informationHYDERALLY & ASSOCIATES, P.C.
HYDERALLY & ASSOCIATES, P.C. Ty Hyderally, Esq. 33 Plymouth Street, Suite 202 Montclair, NJ 07042 tyh@employmentlit.com www.employmentlit.com O- (973) 509-8500 F (973) 509-8501 HOW TO USE TORTS TACTICALLY
More informationWashoe Tribe of Nevada and California. Law & Order Code TITLE 3 TORTS. [Last Amended 10/1/04. Current Through 2/3/09.]
Washoe Tribe of Nevada and California Law & Order Code TITLE 3 TORTS [Last Amended 10/1/04. Current Through 2/3/09.] 3-10 DEFINITIONS The following words have the meanings given below when used in this
More informationTHE LAW PROFESSOR TORT LAW ESSAY SERIES ESSAY QUESTION #3 MODEL ANSWER
THE LAW PROFESSOR TORT LAW ESSAY SERIES ESSAY QUESTION #3 MODEL ANSWER Carol stopped her car at the entrance to her office building to get some papers from her office. She left her car unlocked and left
More informationTORTS. University of Houston Spring, Deana Pollard-Sacks, Visiting Professor of Law
TORTS University of Houston Spring, 2013 Deana Pollard-Sacks, Visiting Professor of Law Cell phone: 713.927.9935 Email: professorpollard@comcast.net Class meets: Tu & Th 6:00 7:20 PM and Wed 7:30-8:50
More informationContents. Foreword by Professor Andrew Robertson Preface xvii Table of cases xix Table of statutes lvi
Contents Foreword by Professor Andrew Robertson Preface xvii Table of cases xix Table of statutes lvi v I Introduction 1 I Why have a book on remedies? 1 II What is a remedy? 2 A Monism and dualism 4 B
More informationBusiness Law Tort Law Unit Textbook
Business Law Tort Law Unit Textbook Tort Law 1 UNIT OUTLINE 1. Tort Law 2. Intentional Torts A. Assault and Battery B. False Imprisonment and Arrest C. Fraud D. Intentional Infliction of Emotional Distress
More informationHow to use this book Acknowledgements
How to use this book Acknowledgements xi xiii CHAPTER 1 Skills for Legal Studies 1 Language skills 2 1. Planning to write, and writing 2 Writing paragraphs (for explanations or summaries), and extended
More informationTorts Syllabus Summer AJD Class. Course text: Dominick Vetri, Lawrence Levine, Joan Vogel & Ibrahim Gassama, Tort Law and Practice, 5th ed.
Torts Syllabus Summer AJD Class Summer, 2018 Professor Vogel Course text: Dominick Vetri, Lawrence Levine, Joan Vogel & Ibrahim Gassama, Tort Law and Practice, 5th ed. (2016) Course Requirements: Class
More informationFALL 2006 December 5, 2006 MIDTERM EXAM SAMPLE ANSWER
TORTS I PROFESSOR DEWOLF FALL 2006 December 5, 2006 MIDTERM EXAM SAMPLE ANSWER QUESTION 1 The facts for this question were based upon Hoy v. Miller, 146 P.3d 488, (Wyo. 2006), in which the trial court
More informationRestatement Third of Torts: Coordination and Continuation *
Restatement Third of Torts: Coordination and Continuation * With the near completion of the project on Physical-Emotional Harm, the Third Restatement of Torts now covers a wide swath of tort territory,
More informationLaw of the United States
Law of the United States An Overview by Peter Hay L. Q. C. Lamar Professor of Law Emory University, Atlanta Universitatsprofessor (ret.), Dresden Third Edition C.H.BECK Bruylant, Brussels 2010 Preface
More informationHow to Use Torts Tactically in Employment Litigation
How to Use Torts Tactically in Employment Litigation Ty Hyderally, Esq. Hyderally & Associates, P.C. 33 Plymouth Street, Suite 202 Montclair, NJ 07042 tyh@employmentlit.com www.employmentlit.com O- (973)
More informationSTATE OF INDIANA TRANSPORTATION COMPENDIUM OF LAW
STATE OF INDIANA TRANSPORTATION COMPENDIUM OF LAW Phil L. Isenbarger Bingham McHale, LLP 2700 Market Tower 10 West Market Street Indianapolis, IN 46204 Tel: (317) 968 5389 E mail: pisenbarger@binghammchale.com
More informationThe Sources of and Limits on Criminal Law 1
CONTENTS Preface xiii Acknowledgments About the Author xv xvii I. CHAPTER 1 The Sources of and Limits on Criminal Law 1 A. Introduction 1 1. The Purpose of Criminal Law 1 a) Morality and Blame 2 b) The
More information3:18-cv MGL Date Filed 07/31/18 Entry Number 1 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION
3:18-cv-02106-MGL Date Filed 07/31/18 Entry Number 1 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Ronnie Portee, Plaintiff, vs. Apple Incorporated; Asurion
More informationChapter List. Real Estate Broker, Escrow Agent and Notary Liability
Chapter List Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 Chapter 17 Chapter 18
More informationSubstantial certainty that the action could cause SED is required as well, physical manifestations of the ED have been traditionally required
II INTENTIONAL INTERFERENCE WITH PERSON OR PROPERTY Battery any intentional harmful or offensive contact The contact needs to be intended not necessarily the harm to a reasonable person. Transferred intent
More informationSUMMARY OF CONTENTS Oregon Jury Instructions for Civil Cases USERS GUIDE... (11/08)
SUMMARY OF CONTENTS Oregon Jury Instructions for Civil Cases USERS GUIDE... (11/08) CAUTIONARY 5. GENERAL CAUTIONARY INSTRUCTIONS Introduction... 5.00 (11/08) Precautionary Instructions... 5.01 (11/08)
More informationList of Figures. Acknowledgments About the Author
Contents List of Figures Preface Acknowledgments About the Author xxi xxiii xxvii xxix PART A LAWS AND COURTS CHAPTER 1. OUR LEGAL SYSTEM 3 1.1 Common Law versus Civil Law 4 1.1.1 Common Law 4 1.1.2 Civil
More informationMASTERING TORTS FOURTH EDITION
MASTERING TORTS FOURTH EDITION A S TUDENT S GUIDE TO T HE LAW OF TORTS VINCENT R. JOHNSON PROFESSOR OF LAW ST. MARY S UNIVERSITY SAN ANTONIO, TEXAS CAROLINA ACADEMIC PRESS Copyright 1995, 1999, 2005, 2009
More informationTorts Outline New DUTY. ii) * youth defendant will be held to standard of someone their age, but those
TORTS Page 1 Torts Outline New Friday, December 04, 2009 7:22 PM I. DUTY a. b. c. d. e. f. Standard of care i. When an individual engages in an activity, he is under a legal duty to act as an ordinary,
More informationINTENTIONAL MISCONDUCT:
INTENTIONAL MISCONDUCT: Prima Facie case: Torts to (person/property) in which: - D s act with intent (desire or purpose to cause/knowledge of substantial certainty that results will occur) garratt v. dailey
More informationHEALTH CARE LIABILITY UPDATE, 2014
HEALTH CARE LIABILITY UPDATE, 2014 PAULA SWEENEY Slack & Davis 2911 Turtle Creek Boulevard Suite 1400 Dallas Texas 75219 (214) 528-8686 psweeney@slackdavis.com State Bar of Texas ADVANCED MEDICAL TORTS
More informationUnderstanding the RM Process
Associate in Risk Management ARM 54 -Chapter 4 Understanding the Legal Foundations of Liability Loss Exposures Presented by: Lynne Lovell RHU CLU ChFC CIC CRM ARM CPCU AFSB ASLI AINS MLIS CRIS Understanding
More informationCONTRACTS. A contract is a legally enforceable agreement between two or more parties whereby they make the future more predictable.
CONTRACTS LESE Spring 2002 O'Hara 1 A contract is a legally enforceable agreement between two or more parties whereby they make the future more predictable. Contracts are in addition to the preexisting,
More informationSUMMER 2002 July 15, 2002 MIDTERM EXAM SAMPLE ANSWER
TORTS I PROFESSOR DEWOLF SUMMER 2002 July 15, 2002 MIDTERM EXAM SAMPLE ANSWER QUESTION 1 The facts for this question were based upon Aldana v. School City of East Chicago, 769 N.E.2d 1201 (Ind.App. 2002),
More informationSTATE OF NORTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW
STATE OF NORTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW Randall R. Adams Kevin M. Ceglowski Poyner Spruill LLP 130 S. Franklin St. Rocky Mount, NC 27804 Tel: (252) 972 7094 Email: rradams@poynerspruill.com
More informationRESTATEMENT (THIRD) OF TORTS: COORDINATION AND CONTINUATION
RESTATEMENT (THIRD) OF TORTS: COORDINATION AND CONTINUATION Ellen Pryor* With the near completion of the project on Physical and Emotional Harm, the Restatement (Third) of Torts now covers a wide swath
More informationCase: 1:12-cv Document #: 1 Filed: 05/25/12 Page 1 of 24 PageID #:1
Case: 1:12-cv-04082 Document #: 1 Filed: 05/25/12 Page 1 of 24 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION LORETTA MURPHY, ) ) Plaintiff, ) ) v.
More informationTORTS Course: LAW 509 (Sections 2 & 4) Spring Semester 2018
TORTS Course: LAW 509 (Sections 2 & 4) Spring Semester 2018 Professor Deana Pollard Sacks Texas Southern University Thurgood Marshall School of Law Classes Section 2: Room 202, Noon 12:50 P.M. (M, W, F)
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION. ) ) ) Plaintiffs, ) ) v. ) No. 4:15CV01370 AGF MEMORANDUM AND ORDER
Stars Investment Group, LLC et al v. AT&T Corp. et al Doc. 93 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION STARS INVESTMENT GROUP, LLC and STAR S DESIGN GROUP, INC., ) ) )
More informationPRINCIPLES OF EUROPEAN TORT LAW
EUROPEAN GROUP ON TORT LAW AS OF JULY 3, 2004 OVERVIEW PART 1. GENERAL PRINCIPLES TITLE I. Basic Norm Chapter 1. Basic norm TITLE II. General Conditions of Liability Chapter 2. Damage Chapter 3. Causation
More informationTORTS: JUST THE RULES
General requirements TORTS: JUST THE RULES Intentional Torts To establish a prima facie case for intentional tort liability, it is generally necessary that plaintiff prove the following: 1. Act by defendant
More informationCAUSE NO. C E RICARDO DIAZ MIRANDA IN THE DISTRICT COURT OF. vs. HIDALGO COUNTY, TEXAS SECOND AMENDED ORIGINAL ANSWER OF PLAINSCAPITAL BANK
CAUSE NO. C-6048-13-E RICARDO DIAZ MIRANDA IN THE DISTRICT COURT OF vs. HIDALGO COUNTY, TEXAS PLAINSCAPITAL BANK 275 TH JUDICIAL DISTRICT SECOND AMENDED ORIGINAL ANSWER OF PLAINSCAPITAL BANK TO THE HONORABLE
More informationDISTRICT OF COLUMBIA TRANSPORTATION COMPENDIUM OF LAW
DISTRICT OF COLUMBIA TRANSPORTATION COMPENDIUM OF LAW Tamara B. Goorevitz Franklin & Prokopik, P.C. 2 North Charles Street Suite 600 Baltimore, MD 21201 Tel: (410) 230 3625 Email: tgoorevitz@fandpnet.com
More informationTort Reform (2) The pleading specifically asserts that the medical care has and all medical records
Tort Reform 2011 Medical Malpractice Changes (SB 33; S.L. 2011 400) o Enhanced Special Pleading Requirement (Rule 9(j)) Rule 9(j) of the Rules of Civil Procedure now requires medical malpractice complaints
More informationTHE LAW OF CONTRACT REMEDIES FOR BREACH. Towards Codification of Israeli Civil Law
GABRIELA SHALEV YEHUDA ADAR THE LAW OF CONTRACT REMEDIES FOR BREACH Towards Codification of Israeli Civil Law GABRIELA SHALEV YEHUDA ADAR THE LAW OF CONTRACT REMEDIES FOR BREACH Towards Codification of
More informationAnswer A to Question 4
Question 4 A zoo maintenance employee threw a pile of used cleaning rags into a hot, enclosed room on the zoo s premises. The rags contained a flammable cleaning fluid that later spontaneously burst into
More informationIN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA * * *
BRETT L. MCKAGUE, ESQ. SBN 0 JEREMY J. SCHROEDER, ESQ. SBN FLESHER MCKAGUE LLP 0 Plaza Drive Rocklin, CA Telephone: ().0 Facsimile: (). Attorneys for defendant and cross-defendant, GENTRY ASSOCIATES CONSTRUCTION
More informationLegal Liability in Adventure Tourism
Legal Liability in Adventure Tourism Ross Cloutier Bhudak Consultants Ltd. www.bhudak.com The Legal System in Canada Common Law Records creating a foundation of cases useful as a source of common legal
More information716 West Ave Austin, TX USA
RECOVERING THE PROCEEDS OF FRAUD GLOBAL HEADQUARTERS the gregor building 716 West Ave Austin, TX 78701-2727 USA TABLE OF CONTENTS PART ONE: THE LAW IN A FRAUD RECOVERY CASE I. LEGAL CAUSES OF ACTION IN
More informationQuestion 1. Under what theory or theories might Paul recover, and what is his likelihood of success, against: a. Charlie? b. KiddieRides-R-Us?
Question 1 Twelve-year-old Charlie was riding on his small, motorized 3-wheeled all terrain vehicle ( ATV ) in his family s large front yard. Suddenly, finding the steering wheel stuck in place, Charlie
More informationRobert I, Duke of Normandy. 22 June July 1035
Robert I, Duke of Normandy 22 June 1000 1 3 July 1035 Speak French here! TORQUE WRENCHES TORTURE And yay how he strucketh me upon the bodkin with great force Ye Olde Medieval Courte Speaketh French,
More informationFILED: NEW YORK COUNTY CLERK 06/07/ :33 PM INDEX NO /2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 06/07/2016
FILED NEW YORK COUNTY CLERK 06/07/2016 0433 PM INDEX NO. 190115/2016 NYSCEF DOC. NO. 49 RECEIVED NYSCEF 06/07/2016 LYNCH DASKAL EMERY LLP 137 West 25th Street, 5th Floor New York, NY 10001 (212) 302-2400
More informationFALL 2001 December 15, 2001 FALL SEMESTER SAMPLE ANSWER
TORTS I PROFESSOR DEWOLF FALL 2001 December 15, 2001 FALL SEMESTER SAMPLE ANSWER QUESTION 1 This question is based on Henderson v. Fields, 2001 WL 1529262 (Mo.App. W.D., Dec 04, 2001), in which the court
More informationMARYLAND DEFENSE COUNSEL POSITION PAPER ON COMPARATIVE FAULT LEGISLATION
Contributory negligence has been the law of Maryland for over 150 years 1. The proponents of comparative negligence have no compelling reason to change the rule of contributory negligence. Maryland Defense
More informationTORTS SPECIFIC TORTS NEGLIGENCE
TORTS A tort is a private civil wrong. It is prosecuted by the individual or entity that was wronged against the wrongdoer. One aim of tort law is to provide compensation for injuries. The goal of the
More informationCasebook pages Chapter 9: Battery, Assault & False Imprisonment. Battery
Law 580: Torts Section 1 October 22, 2015 Casebook pages 587-618 Chapter 9: Battery, Assault & False Imprisonment Battery 1. Negligence Walter v. WalMart Stores (p. 5) 2. Strict Liability Pingaro v. Rossi
More informationTORTS Course: LAW 508 Fall Semester 2017
TORTS Course: LAW 508 Fall Semester 2017 Professor Deana Pollard Sacks Texas Southern University Thurgood Marshall School of Law Class Location and Time: Section 2: M, W, F - 1-1:50 PM Room 106 Section
More informationLAWS1100 Final Exam Notes
LAWS1100 Final Exam Notes Topic 4&5: Tort Law and Business (*very important) Relevant chapter: Ch.3 Applicable law: - Law of torts law of negligence (p.74) Torts (p.70) - The word tort meaning twisted
More informationUNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Plaintiffs, Defendants.
CASE 0:15-cv-01491-MJD-SER Document 5 Filed 04/07/15 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Disability Support Alliance, on behalf of its members; and Zach Hillesheim, Civil File
More informationCalifornia Bar Examination
California Bar Examination Essay Question: Torts And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1 Question Autos, Inc. manufactures a two-seater
More informationCanadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law.
Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law. Common Law operates in all Canadian Provinces and territories
More informationFILED: NEW YORK COUNTY CLERK 10/28/ :04 PM INDEX NO /2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016
FILED: NEW YORK COUNTY CLERK 10/28/2016 05:04 PM INDEX NO. 190293/2016 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 10/28/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X VINCENT ASCIONE, v. ALCOA,
More informationContract and Tort Law for Engineers
Contract and Tort Law for Engineers Christian S. Tacit Tel: 613-599-5345 Email: ctacit@tacitlaw.com Canadian Systems of Law There are two systems of law that operate in Canada Common Law and Civil Law
More informationTorts One Sheet. FYLSX One Sheets and Definitions by Ray Hayden 8 June Page 1 of 16
Torts One Sheet Negligence Duty Standard Duty of Care Duty Special Duty Trespasser Attractive Nuisance Licensee Invitee Breach Res Ipsa Loquitur Causation Actual Cause Proximate Cause Intervening Cause
More informationSTATE OF IDAHO TRANSPORTATION COMPENDIUM OF LAW
STATE OF IDAHO TRANSPORTATION COMPENDIUM OF LAW Keely E. Duke Kevin J. Scanlan Kevin A. Griffiths Duke Scanlan & Hall, PLLC 1087 W. River St., Ste. 300 Boise, ID 83702 Tel: (208) 342-3310 Email: ked@dukescanlan.com
More informationFULL OUTLINE. Bar Exam Doctor BAREXAMDOCTOR.COM. TORTS
FULL OUTLINE www.barexamdoctor.com TORTS I. INTENTIONAL TORTS a. General principles for ALL intentional torts i. Extreme sensitivity of a P is ignored when deciding if P has a cause of action. 1. Always
More informationWawanesa Mutual Ins. Co. v. Matlock,
TORTS I PROFESSOR DEWOLF FALL 2002 December 17, 2002 MIDTERM EXAM SAMPLE ANSWER QUESTION 1 The facts for this question (except for the death of the firefighter) were based upon Wawanesa Mutual Ins. Co.
More information2013 COMMONWEALTH OF PENNSYLVANIA TRANSPORTATION COMPENDIUM OF LAW
2013 COMMONWEALTH OF PENNSYLVANIA TRANSPORTATION COMPENDIUM OF LAW Patrick J. Sweeney Sweeney & Sheehan, P.C. 1515 Market Street Suite 1900 Philadelphia, PA 19102 Tel: (215) 563-9811 Email: patrick.sweeney@sweeneyfirm.com
More informationCOMMONWEALTH OF PENNSYLVANIA TRANSPORTATION COMPENDIUM OF LAW
COMMONWEALTH OF PENNSYLVANIA TRANSPORTATION COMPENDIUM OF LAW Prepared by John T. Pion Timothy Smith Lauren M. Despot Pion, Nerone, Girman, Winslow & Smith, P.C. 420 Fort Duquesne Boulevard 1500 One Gateway
More informationParticular Statutory regimes: strict
Particular Statutory regimes: strict liability Definition of strict liability: Strict liability is the imposition of liability on a party without a finding of fault ( such as negligence or tortiousintent).
More informationAnswer A to Question 10. To prevail under negligence, the plaintiff must show duty, breach, causation, and
Answer A to Question 10 3) ALICE V. WALTON NEGLIGENCE damage. To prevail under negligence, the plaintiff must show duty, breach, causation, and DUTY Under the majority Cardozo view, a duty is owed to all
More informationFILED: NEW YORK COUNTY CLERK 03/15/ :24 AM INDEX NO /2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016
FILED: NEW YORK COUNTY CLERK 03/15/2016 11:24 AM INDEX NO. 190043/2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JOHN D. FIEDERLEIN AND
More informationProfessor DeWolf Summer 2014 Torts August 18, 2014 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE
Professor DeWolf Summer 2014 Torts August 18, 2014 SAMPLE ANSWER TO FINAL EXAM MULTIPLE CHOICE 1. (a) Is incorrect, because from Dempsey s perspective the injury was not substantially certain to occur.
More informationFILED: NEW YORK COUNTY CLERK 03/10/ :54 PM INDEX NO /2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/10/2016
FILED: NEW YORK COUNTY CLERK 03/10/2016 02:54 PM INDEX NO. 190047/2016 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 03/10/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X NORMAN DOIRON AND ELAINE
More informationFall 1997 December 20, 1997 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1
Professor DeWolf Torts I Fall 1997 December 20, 1997 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1 This case is based upon McLeod v. Cannon Oil Corp., 603 So.2d 889 (Ala. 1992). In that case the court reversed
More informationTORT LAW. By Helen Jordan, Elaine Martinez, and Jim Ponce
TORT LAW By Helen Jordan, Elaine Martinez, and Jim Ponce INTRO TO TORT LAW: WHY? What is a tort? A tort is a violation of a person s protected interests (personal safety or property) Civil, not criminal
More informationTable of Contents. About the Authors v Foreword by Madam Justice Eileen E. Gillese Preface xxi Table of Statutes xxviii Table of Cases xxxi
Table of Contents About the Authors v Foreword by Madam Justice Eileen E. Gillese Preface xxi Table of Statutes xxviii Table of Cases xxxi vii Part 1 Introduction to Business Law 1 Unit 1 Introduction
More informationCRIMINAL LAW. Sweet &. Maxwell's Textbook Series. 4th edition
CRIMINAL LAW Sweet &. Maxwell's Textbook Series 4th edition Alan Reed, M.A., LL.M., Solicitor Professor of Criminal and Private International Law, University of Sunderland and Ben Fitzpatrick, B.A., P.G.C.L.T.H.E.
More informationChapter XIX EQUITY CONDENSED OUTLINE
Chapter XIX EQUITY CONDENSED OUTLINE I. NATURE AND SCOPE OF EQUITY B. Equitable Maxims and Other General Doctrines. C. Marshaling Assets. II. SPECIFIC PERFORMANCE OF CONTRACTS B. When Specific Performance
More informationA. COURSE DESCRIPTION
SCHOOL OF LAW Year 2013/14 Term 1 LAW 105: TORT LAW J.D. STUDENTS SECTION INSTRUCTOR: DAVID N. SMITH PRACTICE PROFESSOR OF LAW Tel: 6828 0788 Email: davidsmith@smu.edu.sg Office: School of Law: level 4,
More informationEngineering Law. Professor Barich Class 8
Engineering Law Professor Barich Class 8 Review Quiz 2 Announcements Verify Grades on Compass Reminder - Exam #2 March 29 th Joe Barich, 2018. 2 Summary - 1 Statute of Frauds - If a contact is a big deal
More informationDEPOSITORY AND BANKING SERVICES CONTRACT. This Depository and Banking Services Contract, hereinafter
STATE OF TEXAS COUNTY OF DEPOSITORY AND BANKING SERVICES CONTRACT This Depository and Banking Services Contract, hereinafter referred to as "Contract", is made and entered into between the City of, a Type
More informationCase 2:10-cv HGB-ALC Document 1 Filed 04/20/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JANET DELUCA CIVIL ACTION
Case 2:10-cv-01141-HGB-ALC Document 1 Filed 04/20/10 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JANET DELUCA CIVIL ACTION VERSUS CITY OF COVINGTON, RICHARD PALMISANO, JACK WEST,
More informationBLAW BUSINESS LAW, SECTION B3
UNIVERSITY OF ALBERTA School of Business Department of Marketing, Business Economics and Law BLAW 301 - BUSINESS LAW, SECTION B3 Professor: Ivan Ivankovich Course Outline Class: TR 9:30-10:50 Term 2, Winter
More informationSTATE OF MICHIGAN TRANSPORTATION COMPENDIUM OF LAW
STATE OF MICHIGAN TRANSPORTATION COMPENDIUM OF LAW Paul E. Scheidemantel Eric Shih Clark Hill PLC 500 Woodward Avenue Suite 3500 Detroit, MI 48226-3435 Phone: (313) 965-8310 Email: pscheidemantel@clarkhill.com
More informationSUMMER 2003 July 15, 2003 MIDTERM EXAM SAMPLE ANSWER
TORTS I PROFESSOR DEWOLF SUMMER 2003 July 15, 2003 MIDTERM EXAM SAMPLE ANSWER The facts for this question were based upon Comet Delta, Inc. v. Pate Stevedore Co. of Pascagoula, Inc., 521 So.2d 857, (Miss.
More informationTORTS Bar Exam Outline
TORTS Bar Exam Outline INTENTIONAL TORTS - General Principles o In deciding whether π has satisfied an element, π s hypersensitivity is ignored o No incapacity defenses Every should be held liable (if
More informationTHE SELF-HELP GUIDE TO THE LAW Negligence and Personal Injury Law for Non-Lawyers
THE SELF-HELP GUIDE TO THE LAW Negligence and Personal Injury Law for Non-Lawyers THE SELF-HELP GUIDE TO THE LAW Negligence and Personal Injury Law for Non-Lawyers J. D. Teller, Esq. THE SELF-HELP GUIDE
More information