Torts: class 12

Transcript

1. CLASS 12 •Duty & breach •Duty: Instructing the jury about reasonable care under the circumstances •Establishing breach •The Hand formula •Negligence per se
2. INTENTIONAL TORTS QUIZ
3. INFORMING THE JURY: REASONABLE CARE UNDER THE CIRCUMSTANCES •Extraordinarily dangerous activities •Stewart v. Motts •The sudden emergency instruction •Myhaver v. Knutson
4. ONE STANDARD OF CARE?
5. ONE STANDARD OF CARE?
6. ONE STANDARD OF CARE?
7. ONE STANDARD OF CARE!
8. ONE STANDARD OF CARE!
9. ONE STANDARD OF CARE! The care required is always reasonable care. The standard never varies, but the care which is reasonable to require of the actor varies with the danger involved in [the] act and is proportionate to it. The greater the danger, the greater the care which must be exercised. . . . - Restatement (Second) of Torts §298 comment b.
11. ASSESSING BREACH OF DUTY •Basic standard: ∆ conduct < reasonable care under the circumstances •Permutations •Violation of statutory standard (negligence per se) •(Next class) Violation of personal or industry custom •(Next class) Inferring breach from circumstances
12. B < P * L
13. NEGLIGENCE PER SE •Rationale: Martin v. Herzog •Type of harm & membership in protected class: Wawanesa Mutual Ins. v. Matlock •Excuse: Sikora v. Wenzel