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The 19th century was about___ the 20th century was about
fault/ compensation
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What are the 3 big areas of modern day torts
- 1. automobiles
- 2. products liabilty
- 3. medical malpractice
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What is about defective products harming you
products liability
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Under the old rule to sue over product liablity you could only sue ___
person selling product
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Now you can sue __ for products liability
manufactor
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Which case allows people to sue manufactor instead of distributor
Macpherson v. Buick Motor Company
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Which cases are now strict liability in modern day torts
product liability
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Contribitory negligence changed to ____ negligence in the 20th century
comparitive
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if you are only 20 % at fault what happens in modern day torts
compartive negligence 20% gets deducted from award
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What are the 4 different types of torts
- 1. intentional
- 2. reckless torts
- 3. negligence (vast majority of cases)
- 4. strict liabity torts
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Torts against person- assault and battery is what type of tort
intentional
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False imprisonment is what type of tort
intentional tort
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intentional affliction of emotional distress is what type of tort
intentional
-
property trespass, converting property is what type of torts
intentional torts
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Slander, liablity, defamation is what type of tort
intentional torts
-
Economic torts/fraud are what types of torts
intentional
-
interferrence with business contracts are what type of torst
intentional
-
What is intangible harm to a person's reputation
slander, liablity, defamation
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What is the smallest category of torts
reckless torts
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Which type of tort must have puniable damages
reckless torts
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Liable/slander is under intentional torts but may also be under ___
reckless torts
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In order to recover from slander/liable under reckless torts it must be___ and show___ ___ ___ ___ and must show ____.
false, harm to your reputation, negligent
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What is the largest category of torts
negligence
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What are the 4 elements under negligence torts
- 1. did you have duty of care
- 2. Did you breach that duty of care
- 3. Were their damages
- 4. were the damages proximately caused by breach of care
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In order to see if you had a duty of care court would compare you to a ___ ___
reasonable man
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To be a reasonable man you would be compared to an average man of the same__ ___
able body
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In negligence torts can mental disabilities be an excuse (what case)
no- vaughn v. menlove
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Reasonalbe care can be examined under the ___ ____
hand formula
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What case applied the Hand formula
US v. Carroll Towing
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Which case was about a man leaving his barge and it sinking from a storm
US v. Carroll Towing
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What did Hand say you must look at for negligence torts
probability x harm < > burden of acting
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In general are you expected to act a certain way under negligence torts
no
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What are the 2 exception about breaching a duty of care
- 1. if you entered a course of conduct you must help
- 2. therapist must intervene
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What are the ways to see if action is reasonable (3)
- 1. customary to act in certain way
- 2. statute- if passed to make someone act (speeding breaks negligence per se)
- 3. Res Ipsa Locquitar- the thing speaks for itself
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What case says therapist must act
Tarisaff
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Auto wrecks if you are speeding break ___ under ____
negligence per se, negligence
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What 3 types of damages can their be from negligence torts
- 1. economic- medical bills
- 2. pain and suffering
- 3. puninative damages
-
What can economic damages be
medical bills or lost earnings
-
What is considered diminished quality of life
pain and suffering
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What are puninative damages
punishing damages
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adding reckless or intent to negligence torts adds____
puninative damages
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What the 2 ways to see if damages are proximate
- 1. but for
- 2. proximate damages
-
What do you look for to see if damages are proximate
intervening causes
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Which case was about proximate damages
Plasgraff v. Long Island RR
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What was Plasgraff v. Long Island RR about
lady waiting on train being injured by events several miles down RR
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For Proximate causation, accourding to Cardosa injury must be ___
forseeable
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What are the 2 defenses for negligence cases
- 1. assumption of risks
- 2. compartive negligence (looks at who is most at fault)
-
What case was a strict liability torts
Rylands v. Fletcher
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What ____ ____ are considered strict liabilty
ultrahazardous activities
-
Owning wild animals or housing explosives are considered
ultra hazardous activities
-
dangerous or unusual =
ultrahazardous
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___ liabilty is also strict liability
products
-
Who wants tort reform
conservatives
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What 2 things do conservatives want with tort reform
- 1. cap on damages
- 2. loser pay laws
-
What is an example of tort horror stories
McDonalds
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