Torts2023-materials

Benn v. Thomas “The Time-Delayed Heart Attack” — Steinhauser v. Hertz Corp. “Sudden Schizophrenia” — Gibson v. Garcia “The Rotten Telephone Pole that Fell on the Car” — Intervening Cause “a cause which interrupts the natural sequence of events, turns aside their cause, prevents the natural and probable results of the original act or omission, and produces a different result, that could not have been reasonably foreseen.

BMW v. Gore Procedural posture Legal question(s) Relevant facts Holding Reasoning(s) behind the holding 14th Amendment Section 1. … No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Falzone v. Busch Policy Reasons for “Impact” Rule Flood of litigation Fake claims Problems of proof “Zone of Danger” Requires a reasonable fear of immediate physical injury

Office Hours Today from 1:00pm to 2:30pm Vosburg v. Putney Internal logic and mechanics of a case Procedural posture Legal question(s) Relevant facts Holding Reasoning(s) behind the holding Vosburg v.

Adams v. Bullock and Braun v. Buffalo Gen. El. Co. For next this class… Come prepared to: argue for the opposite holding in Adams and Braun with foreseeability as the reasoning behind the holding The Reasonable Person Standard An objective standard1 designed to clarify what reasonable care requires

Structuring Arguments Syllogism for proving duty and breach D was legally obligated to do X. D failed to do X. Therefore, D breached their legal duty. Detailed version D had a duty (to the plaintiff) to exercise reasonable care under the circumstances.

Thursday’s Class Rescheduled 10:30am in the Robinson Moot Courtroom How does a plaintiff normally prove duty and breach? D was legally obligated to do X. D failed to do X.

What you do, you become — Outlining What is the purpose of an outline? [fit] Blueprint [fit] Roadmap [fit] Instruction manual Instructions for processing unfamiliar facts Exam writing process Identify the issue State the correct legal rule Apply the rule to the facts Analyze nuances (like gaps, contradictions, ambiguities) Structural pattern in outline Issue — Rule — Application — Nuances

Makeup Classes Thursday, April 25th 10:00am until 11:15am in the Hall of the 70s. Friday April 26th Tentatively 8:45am until 10:00am in the Hall of the 70s. Office hours at noon.

Some logistics Makeup Class: Tuesday, November 28 from 8:15am-9:30am in this classroom. Office hours today 12pm to 1pm Additional office hours on Tuesdays: Tuesday, November 21 from 12pm to 1pm Tuesday, November 28 from 12pm to 1pm