Proximate Cause
The General Rule:
* Is that the Defendant is liable for all harmful results that are the normal incidents of and within the increased risk caused by his act.
Indirect Cause:
* Independent intervening force may be foreseeable where the defendant’s negligence increased the risk that these forces would cause harm to the Plaintiff
- Even a criminal act by a third party will not cut off the defendant’s liability if the defendants negligence created a foreseeable risk that a 3rd party would commit a crime.
Strict Liability
Contributory Negligence
Ordinary contributory Negligence is not a defense in strict product liability actions when the Plaintiff merely failed to discover the defect or guard against its existence, or when Plaintiff misuse was foreseeable.
- On the other hand, other types of unreasonable conduct, such as voluntary and unreasonable encounters a known risk are defenses.
Res Ipsa Loquitor
Control
Does not apply when more than one party may have been in control of the instrumentality
- it requires that the instrumentality causing the injury be in the defendants sole control
Nuisance
Wild Animal or Abnormally Dangerous Animal
In a invasion of private property right by either:
1) Negligent,
2) Intentional
3) Strict liability
Strict liability:
1) Will be a basis for nuisance action when wild animal or abnormally dangerous domestic animal are involved or abnormal dangerous activity.
2) Substantial interference of use and business.
MC: Negligence
Licensee
Is a person who enters land w/ owners permission, for his won purpose or business rather then the owners benefit.
- the owner or occupier of land has a duty to warn the licensee of a dangerous condition known to the owner or occupier that creates an unreasonable risk of harm to the licensee and that a licensee is unlikely to discover.
- However, the owner or occupier has no duty to a licensee to inspect for defects not to repair known defects.
Joint and Several Liability
Means that each is liable to the Plaintiff for the entire damage incurred, so that the plaintiff may recover the entire judgment from any defendant.
Duty
Employers
As a general matter, no legal duty is imposed upon any person to affirmatively act for the benefit of others.
However, the existence of a special relationship between the parties may create a duty.
- Modern cases extend the duty to employers when employees are injured in course of employment.
Joint and Several Liability
Contribution v. Comparative
Contribution:
* Allows Defendant required to pay more than his share of damages under joint and several liability to have a claim against the other joint liable parties for the excess.
Comparative Contribution:
* Nonpaying tortfeasor are required to contribute only the portion of their relative fault.
Trespass to Land
Intent
Intent of defendant’s part to bring on the physical invasion.
- Know with substantial Certainty that would end up on property.
Defamation of the Dead
Only living person can be defamed.
* Defamation of a deceased person is not actionable tort.
Tort Multiple Choice
Contribution
Governs only whether a Defendant required to pay more than his share of damages has a claim against the joint liable parties for excess.
- Contribution does not involve the amount of damages that the Plaintiff can collect in the first place.
Recapture Chattel
One who is entitled to use force to recapture chattel is only permitted to use REASONABLE force.
Lawful Possession:
* If initial possession was lawful can’t use force to obtain
Limited:
Force only can be used to recapture chattel only in “hot pursuit” of one who has obtained wrongful possession.
Strict Liability Limitation
The strict duty is limited to the dangers that would be-anticipated from the activity involved.
- Does not apply to harm that were not caused by the normally dangerous propensity of the activity.
Abnormally Dangerous Domestic Animal
Strict Liability
SL is generally not imposed in favor of undisclosed trespasser against land owners.
- Trespassers cannot recover for injuries inflicted by landowners abnormally dangerous domestic animals in absence of Negligence. (go after him for negligence)
Defamation
Qualified Privilege
Is recognized when the recipient has an interest in the information and it is reasonable for the defendant to make the publication of the statement.
Parent Negligence
The common law rule is that a parent is not vicariously liable for the tortious conduct of her child.
- However, the parent maybe held liable for her own negligence in allowing the child to do something that injures another person or property.
