COLIN DOYLE
RESEARCH
TEACHING
CV
Torts2025-materials
Policy Bases for No Duty
Tarasoff v. Regents of the University of California “The Psychiatrist Who Didn’t Warn the Murder Victim” Randi W. v. Muroc Joint Unified School District “The Alleged Sexual Predator’s Recommenders”
Products Liability
Strict Liability Recap Limits on Strict Liability Fletcher v. Rylands — PWFOPBOHL&C&KTALDMIIE Rylands v. Fletcher — PWFOPBOHL&C&KTA “non-natural” and LDMIIE First Restatement — “ultrahazardous activity” Second Restatement — “abnormally dangerous activity”
Products Liability
What products liability claims might Reuben the bear try to assert against the manufacturer of his pants?
Proximate Cause
Sindell v. Abbott Laboratories “Toxic Harms” — Possible alternatives for factual causation Concert liability Alternative liability Enterprise liability Market share liability — Toxic Harms Why is the tort system such a poor fit?
Punitive Damages
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: ?
Punitive Damages
Mathias v. Accor Economy Lodging, Inc. Procedural posture Legal question(s) Relevant facts Holding Reasoning(s) behind the holding Oral argument: Appealing a Punitive Damages Award Hershovitz v.
Purely Emotional Harm
Falzone v. Busch Reasons for “Impact” Rule Physical harm not the natural or probable consequence of the negligent act Consensus of the bar Policy reasons Policy Reasons for “Impact” Rule Flood of litigation Fake claims Problems of proof “Zone of Danger” Requires a reasonable fear of immediate physical injury
Res Ipsa Loquitur
Office hours this week will be on Friday at 12pm. Economic theory of negligence Hand Formula B = ??? P = ??? L = ??? Economic theory of negligence Hand Formula
Res Ipsa Loquitur
Supplement Recommendations For Review: Understanding Torts For Practice Problems: Tort Law and Practice What’s so special about res ipsa? If res ipsa applies, plaintiff can prove duty and breach without establishing a standard of care.
Review
You can use laptops today Final Exam Info: Four-hour in-class exam 3 Parts Parts I and II are essay questions that involve the same fact pattern. Part III has a separate fact pattern and essay question.
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