Torts: class 13

Transcript

1. CLASS 13 •Assessing breach of duty in special circumstances •Violation of statutory standard (negligence per se) •Violation of industry or personal custom •Res ipsa loquitur
2. NEGLIGENCE PER SE 1. Defendant violated a statute or regulation that prohibits particular conduct (and therefore establishes a specific duty of care) 2. The prohibition is designed to protect against the harm for which recovery in tort is sought 3. The harmed person is in the class of persons intended to be protected by the statute or regulation 4. Note: violation must be the cause of the harm
3. NEGLIGENCE PER SE & EXCUSE •Sikora v. Wenzel •Scope of valid excuses •Procedural effect of negligence per se
4. CUSTOM •Industry (external) custom: The T.J. Hooper •Personal (internal) custom: Wal-Mart Stores v. Wright
5. RES IPSA LOQUITUR
6. Byrne v. Boadle