Torts-materials

Strict Liability Recap Fletcher v. Rylands Rylands v. Fletcher Liability applies for: PWFOPBOHL&C&KTALDMIIE Limits on Strict Liability Fletcher v. Rylands — PWFOPBOHL&C&KTALDMIIE Rylands v. Fletcher — PWFOPBOHL&C&KTA “non-natural” and LDMIIE

Study Advice Study with others Don’t memorize. Practice. The Concept of Negligence The principle behind liability/fault is __________________. Tools for Identifying Reasonable Care __________________ __________________ __________________ __________________ __________________ __________________ Special Considerations

But first… Exercise 3 You are an attorney at a plaintiff’s side firm in the state of Loyola. A labor activist, Ayla Ross, comes to visit you in your office.

— Proximate Cause (so far…) Unexpected Harm Benn v. Thomas Additional Harm Note Cases Intervening Cause Torres v. El Paso Electric Co. Palsgraf v. Long Island Railroad Co. So, what is the rule?

Recap Mathias v. Accor Economy Lodging, Inc. Procedural posture Legal question(s) Relevant facts Holding Reasoning(s) behind the holding Rule from State Farm Anything outside of single digit ratio of punitive to compensatory damages is presumed unreasonable.

Recap Negligence as a Tort Duty Breach Causation Harm Negligence as a Concept Today Reasonable care Reasonable person Reconciling… Adams v. Bullock Braun v. Buffalo Gen. El. Co.

Reasonable care The principle behind liability/fault Tools for defining reasonable care include: Foreseeability Hand Formula (B < P*L) The Reasonable Person Hand Formula B < PL = Negligent B > PL = Not Negligent

In-Class Exercise: Moore v. Myers Confer with your panel. Decide on the opinions your court will issue and the reasoning you will adopt in those opinions. Byrne v. Boadle Res Ipsa Loquitur Two requirements:

Byrne v. Boadle McDougald v. Perry Res Ipsa Loquitur Two requirements: Harm results from the kind of situation in which negligence can be inferred Defendant was responsible for the instrument of harm Differences Across Jurisdictions Res ipsa loquitur can either be:

Office Hours Tuesdays, 1:00pm to 2:00pm Thursdays, 11:00am to 12:00pm Today, 1:00pm to 2:00pm, lunch tables outside Evaluations Today Vincent v. Lake Erie Transport Co. Hand Formula B < P*L