Torts: class 10

Transcript

1. Transition to NEGLIGENCE
2. CLASS 10 •Wrap up: public / private necessity •Negligence: introduction / elements •The duty of reasonable care •The reasonable person under the circumstances
3. LOOP BACK: PUBLIC & PRIVATE NECESSITY •Public necessity: complete privilege •Private necessity: incomplete privilege •Trespass is excused (morally) •∆ still liable for damage caused by trespass •No punitive damages •Possessor’s privilege to interfere limited
4. THE ROOTS OF INTENTIONAL TORTS VS. NEGLIGENCE •Intentional torts: rooted in writ of trespass •Trespass against person / personal interests (property) •Formal conceit of vi et armis •Negligence: rooted in writ of trespass on the case •Trespass against other stuff •“Honest” alternative to force & arms
5. THE NEGLIGENCE CAUSE OF ACTION •Elements •Duty •Breach •Causation •Damages
6. WHAT IS THE DUTY OF REASONABLE CARE? •The objective standard •Vaughn v. Menlove
7. WHAT DOES THE REASONABLE PERSON KNOW? •Actual & constructive knowledge •Parrot v. Wells, Fargo & Co.
8. REFINING REASONABLENESS: THE REASONABLE PERSON UNDER THE CIRCUMSTANCES •Extraordinary knowledge and skills •Cervelli v. Graves