Torts2025-materials

What about multiple possible causes? Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. “Multiple Fires Whodunnit” Necessary and Sufficient Conditions Necessary condition: Result happens ONLY IF condition exists.

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.

Vicarious Liability Miller v. Reiman-Wuerth Co. “The Bank Errand” — Christensen v. Swenson “The Lunch Break” — Three criteria Employee’s conduct must be of the general kind the employee is hired to perform.

Recap Before you begin your law school assignments: Connect with your purpose. Discern your immediate goal. 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.

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:

Ways to determine reasonable care under the circumstances include: - Foreseeability - The Reasonable Person - Custom - Statute Special Considerations - Judge and jury relationship Proving Negligence To establish that conduct fell below standard of reasonable care, plaintiff needs to prove:

Cases Seffert McDougald BMW State Farm Mathias Damages Generally (Condensed notes on some general principles) Legal Issues ONLY IF the defendant is found liable** I. Compensatory damages Economic damages Non-economic damages Is loss of enjoyment separate from pain and suffering?

What have we learned about duty so far? Duties of Landowners & Occupiers Carter v.

Midterm A duty to exercise reasonable care Harper v. Herman “The Boat Owner in Shallow Water”

Exercise You are a Supreme Court Justice in the State of Loyola Supreme Court, hearing a case on appeal. Your small group represents the entire Loyola Supreme Court. How do you rule?