Torts2025fall-materials

Midterm Review  Res ipsa requirements: Harm results from the kind of situation in which negligence can be inferred Defendant was responsible for the instrument of harm Comparative Negligence Three forms:

Causation Two parts: Factual cause Proximate cause Factual Cause The plaintiff must prove: But for the defendant’s negligence, the plaintiff would not have been harmed. How? By showing what would have happened if the defendant has exercised reasonable care.

Remedies The consequences of liability. Remedies include: Compensatory damages Punitive damages Nominal damages and declaratory judgment Equitable relief [fit] Compensatory [fit] Damages and (rarely in special circumstances) punitive damages

Vicarious Liability Miller v. Reiman-Wuerth Co. “The Bank Errand” Christensen v. Swenson “The Lunch Break” Three criteria for Scope of Employment 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:

Seffert McDougald BMW State Farm Mathias Damages Generally (core principles, things to keep in mind that come up over and over again) Legal Issues ONLY IF LIABILITY HAS BEEN DETERMINED

Upcoming Schedule Mon. Sept. 29 - Duty of Landowners and Occupiers Wed. Oct. 1 - Midterm Review & Office Hours Fri. Oct. 3 - No class Mon. Oct. 6 - Midterm Exam

Upcoming Schedule Wed. Sept. 24 - Duty to Third Parties Fri. Sept. 26 - Policy Bases for No Duty & Office Hours Mon. Sept. 29 - Duty of Landowners and Occupiers