Legal Three

Category: Torts

  • California Torts

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    Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Negligence The Professional CA Statute: imposes a locality rule for Drs who provide emergency room services in a general acute care hospital. Also expert testimony only admitted from surgeons with substantial medical training. Informed consent: CA uses reasonable prudent person…

  • Cause in Fact – Torts

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    Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Cause in Fact – Facts proving that the defendant’s conduct was the cause of the plaintiff’s harm in a physical or scientific way The court constistantly denies liability in tort when the defendents negligent actions are not the cause of…

  • Defenses to Tort Claims – Torts

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    Torts – Defenses Defenses to Tort Claims Look at the Duty Owed by the D!!! Dont look at the Plaintiffs Assumption of Risk No Duty For Sports Doctrine Judge made rules for particular types of activities Thats what court does with the intentional injury recklessness rule acting Players have a duty not to intentionally injure…

  • Economic Loss – Torts

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    Top 4 Supplements for 1L Torts: We need to consider two factors in Tort Liability Economic loss has two categories No physical harm to anyone or anyones property physical harm to someone or someones property No Physical Harm :: AccountantAccounting firm uses a balance sheet for the wrong corporation, client bases a decision on the…

  • Intentional Infliction of Emotional Distress (ED) – Torts

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    Duty rule of Emotional Distress Developed in 19th century Said man up, dont be a pussy Concerned about fraudulent claims Emotional distress caused by fear of personal physical harm Duty, there’s no duty, in certain circumstances, to protect against emotional distress. Gammon v Osteopathic Hospital (Was the Emotional Distress Foreseeable???) Guy got a leg in…

  • Landowners and Occupiers – Torts

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    CALIFORNIA HAS LEAD THE WAY IN EXPANSION OF MANY VIEWS OF DUTY Duty Rules are made by courts as a matter of law; they are about the choice of a rule to be applied to a category of conduct; they are not about the facts of the case Once adopted, juries apply duty rules to…

  • Medical Malpractice – Torts

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    Sheeley v Memorial hospital Sheeley injured during episotomy during birth Sued second year family practice resident Dr SPECIAL RULE ordinary medical practice standard of care Trial court refused to accept expert testimony from Dr Leslie Because he was a specialist ObGYN, delivered 4,000 babies Had not practiced since 1975 Member of New York standard of…

  • Strict Liability & Res Ipsa Loquitur – Torts

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    Escola v. Coca Cola Bottling Co. Bottle came from bottle manufacturer. Bottles are used and reused The used bottles are not again subject to testing for defects after the first inspection by the manufacturer If the tests are economically not feasible then they shouldnt be tested (Learned Hand Test) Cafe probably bought the Cokes from a…

  • Proof of Negligence – Torts

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    Stores were negligent in their practices if the danger had been there for a while, eg dirty floor broken jars case Some states but not all, Stores will not be liable UNLESS you can prove length of time that danger was there Business practice rule Vermont, If business practice (like store with produce out) creates reasonable…

  • Accidental Torts – Notes and Cases

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    Accidental Torts Brown v Kendall Judge Shaw The first half of the century there were not many tort cases, mostly settled out of court. Nearing the industrial revolution torts became more common What was Judge Shaw doing, what was the outcome, how did he get there Shaw – The P can not recover if both…

  • Intentional Torts – Notes and Cases

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    Intentional Torts – Notes and Cases Hammontree v. Jenner pg3 Why was Mr Jenner not liable for negligence in light of the facts that: He knew he had seizures He knew his meds did not fully control condition He chose to drive even with foreseeable risk Negligence doesnt matter if he desired or intended to…