Torts2023-materials

Welcome to the Spring Semester! — Midterm Review Semester Overview Negligence — Causation —— Factual Causation —— Proximate Cause — Defenses —— Contributory & Comparative Negligence —— Assumption of Risk

Remedies The consequences of liability. Remedies include: Compensatory damages Punitive damages Nominal damages and declaratory judgment Equitable relief [fit] Compensatory [fit] Damages and punitive damages Compensatory Damages The Objective: To restore the plaintiff to the state they were in before the harm caused by the defendant.

— — In-Class Exercise — Clarifying “intervening” causes and “superseding” causes Different terms for the same thing: an event that occurs after the defendant’s negligent act and before the plaintiff’s injury that breaks the chain of causation.

Contributory Negligence in General: The defendant is not liable If the plaintiff was also negligent — Duty, — Breach, — Causation, and — Harm Unless an exception applies: — Last clear chance,

Administrative Crap Office Hours — New time: Thursdays from 1:00pm to 2:30pm Thursday’s Reading Assignment — Has been pushed to next Tuesday Recap How to Read a Case Before you begin:

Negligence as a Cause of Action Plaintiff must prove four elements: ?????????? ?????????? ?????????? ?????????? Negligence as a Cause of Action Plaintiff must prove four elements: Duty Breach Causation Harm Proving Negligence To establish that the defendant’s conduct fell below standard of reasonable care, plaintiff needs to prove:

Proving Negligence To establish that conduct fell below standard of reasonable care, plaintiff needs to prove: What defendant did or did not do. What defendant should have done. How to use customs and statutes Sword for proving negligence Prove two things:

Recap Remedies The consequences of liability. Remedies include: ?????????? damages ?????????? damages Nominal damages and declaratory judgment Equitable relief Remedies include: Compensatory damages Punitive damages Nominal damages and declaratory judgment Equitable relief [fit] Compensatory [fit] Damages and punitive damages Compensatory Damages The Objective: ?

In-Class Exercise Oral argument: Appealing a Punitive Damages Award I R A C Issue Rule [fit] Argument Conclusion (optional) I - Does the punitive damages award violate the 14th Amendment by depriving the defendant of its property without due process of law ?

Makeup Classes Thursday, April 25th 10:00am until 11:15am in the Hall of the 70s. Friday April 26th 10:00am until 11:15am in the Hall of the 70s. Immediately followed by office hours in the Hall of the 70s.