Torts-materials

Assignment Report Back: Did you do something kind and restorative for yourself? Duties of Governmental Entities Duty for Purely Emotional Harm Falzone v.

Assignment Report Back: [fit]Did you do something kind and restorative for yourself? Duties of Governmental Entities Duty for Purely Emotional Harm Falzone v.

exercise reasonable care A duty to exercise reasonable care Elements of a Tort Claim Elements of a Tort Claim Duty Breach Causation Harm General Rule for Duty: IF your actions create a risk of physical harm

Causation Two parts: Two different tests for factual causation Causation Two parts: Factual cause Proximate cause Two different tests for factual causation

Office Hours Today’s office hours are 12pm to 1pm -– Future office hours will be: — On Tuesdays, from 1pm to 2pm — On Thursdays, from 11am to 12pm Structure Intentional Torts: — Battery — Assault — False imprisonment — Intentional infliction of emotional distress

Exercise from Last Class Abridged Definition from Restatement (Third) of Torts A person acts with the intent to produce a consequence if: (a) the person acts with the purpose of producing that consequence; or

Agenda Hammontree v. Jenner ENORMOUS DISCLAIMER! Before you begin: Connect with your core values. Discern your immediate goal. Why take this preliminary step?

Closing Thoughts on Intentional Torts With intentional torts, always consider The legal interest that each intentional tort addresses The requirements of the defendant The requirements of the plaintiff Any objective requirements, including analysis that the judge or jury must conduct The legal interest that each intentional tort addresses Battery

Products Liability Exercise Part 1 You are a junior associate at a plaintiff-side firm. A partner at the firm has brought you in to work on an interesting new case. The potential plaintiff, a nine-year-old boy named Augustus Gloop, choked on a hot dog during lunch in his elementary school cafeteria.

Negligence as a Tort Duty Breach Causation Harm Negligence as a Concept Reasonable care Reasonable person California Negligence Jury Instruction: Negligence is the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do, under circumstances similar to those shown by the evidence.