Torts-materials

Can the negligent plaintiff recover damages? Can the negligent plaintiff recover damages?

Why should our legal system make tortfeasors pay compensatory damages? Clip from Fight Club Damages The consequences of liability. Compensatory Damages The Objective: To restore the plaintiff to the state they were in before the harm caused by the defendant.

Recap Rationale for Compensatory Damages Seffert v. Los Angeles Transit Lines Procedural posture Legal question(s) Relevant facts Holding Reasoning(s) behind the holding Systemic Inequality & Damages Calculations Consideration of race, gender, national origin, and immigration status.

Where are we? Negligence Elements of a cause of action: — Duty — Breach — Causation — Harm Defenses: — Contributory or Comparative Negligence — Assumption of risk Contributory Negligence Reconciling Butterfield v.

Agenda Recap How to Read a Case (continued from last week) Course Overview Recap How to Read a Case Internal logic and mechanics of a case Procedural posture Legal question(s) Relevant facts Holding Reasoning(s) behind the holding Reasoning behind the holding Three lines of reasoning Precedent binds us.

In-Class Exercise Oral argument: Appealing a Punitive Damages Award Two Legal Tests State Farm Anything outside of single digit ratio of punitive to compensatory damages is presumed unreasonable.

What products liability claims might Reuben the bear assert against the manufacturer of his pants?

Office Hours Tuesdays, 1:00pm to 2:00pm Thursdays, 11:00am to 12:00pm Today, 11:00am to 12:00pm, Casassa C302 Eggshell Plaintiff If the defendant commits a tort, the defendant takes the victim as he finds him.

Midterm Prep Wrap-Up Responses to student questions: How do we connect to core values? What supplements should we use? How do we structure an exam answer? How do we connect to core values?

How do we reconcile the tort of negligence with the concept of negligence?