Business Law - Negligence

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Negligence: (54.30) 1. Duty ** (two ways duty is form: Paul s Raft case 1.02.00) Anthony Cardozio. Proximate cause and what the duty was? 2. Breach 3. Actual Cause 4. Proximate Cause * 5. Harm Most of the actions in the world of negligence is by far the common cause of actions. (encompasses product liability (bought a toaster that blew up), car accidents, general the case that most people don t intend to cause harm). The duty to trespasser is generally that you don t have any special duty to car
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  Negligence: (54.30) 1.   Duty ** (two ways duty is form: Pauls Raft case 1.02.00)    Anthony Cardozio . Proximate cause and whatthe duty was? 2.   B reach3 .   Actual Cause4 .   Proximate Cause *5 .   H armMost of the actions in the world of negligence is by far the common cause of actions . (encompasses product liability(bought a toaster that blew up ), car accidents , general the case that most people dont intend to cause harm ).  The duty to trespasser is generally that you dont have any special duty to care except open (example: big whole on thefloor in your house and you just cover that up with a carpet . And a burglar comes in to your house and falls into thatwhole . That burglar can have a cause of action against the homeowner ).  Negligence CONTINUE . (Folder D , Number 3 )   Duty   notes ( 1 minute ) :Generally , everyone has a legal duty to act reasonably .  Specifically , for most of us , that duty is:To act as a reasonable adult with:a .   Ordinary knowledge and skill ANDb .   Any superior knowledge or skill he or she possesses ANDc .   Ordinary level of mental capacity ANDd .   H is or her own physical attributesDuty (for minors )- for children older than the age of 7 years old , younger than 1 4To act as a reasonable minor with the age , mental capacity , and experience of a minor of similar age . (9 year old iscompare to 9 year olds , 8 year old is compare to 8 year old , ect )  UNLESS the minor is engaged in an adult activity that is IN H ERENTLY DANGEROUS (example: student driver ,   11 year olddriving a car , that is an adult activity , inherently dangerous , held at adult standard ).  (A child younger than seven cannot be held liable for negligence ).  DUTY (FOR PROFESSIONAL , such as doctors , lawyers , accountants ) :To possess (and exercise ) the skill and knowledge of an ordinary professional in the field who is in good standing in thenational community (if you come from a rural community , small town , where none of the dentist are very good , its ok .  It has to apply to national community )).  (note: This standard applies is the person is actually a professional or merely holds themselves out as one .)  See on the exam (9 minutes ) a whole story laid out for you .    ( 10 : 1 5 )   Sp ecial Dut ies   1.   Dut ies owed b y landowners t o en t ran t s on t o th eir land a .   Trespassers: An owner of land DOES NOT owe a duty of reasonable care to trespassers but must merelyrefrain from WILLFUL , WANTON , OR REACKLESS CONDUCT (a trespasser can sue the owner of land forinjury )  i .   Exception 1 : owner knows (or should know ) that the trespasser is on the land , the owner mustact reasonably .  ii .   Exception 2 : owner must warn of concealed traps .  iii .   Exception 3: child trespassers incur reasonable care . (if a child steps on a land and steps on arake , questionable if that was a reasonable thing to do , however , sueing for negligence , that wasnot a reasonable thing to do . And if a child steps on the rake , they have a higher chance of winning this negligence case ).  b .   Licensees (someone who comes on to your property without your explicit permission , such as door - to - door salesman , friends ) and Invitees (those who come on to the owners with the consent  real orimplied  of owner , such as you have a business on your land and your customer comes to your home )  Owners of land owe licensees and invitees a full duty of reasonable care .   2.   S t ric t Liabili ty (s t a tut or y ra p e)   2 4: 00 minutesIn some circumstances , or with some activities , actors may be held to a Strict Liability standard in which the elements of DUTY and B REAC H are not relevant . The law has decided that , for some activities , any harm that results will have liabilityfor the actor , regardless of whether or not that actor was negligent (breached a duty of reasonableness , etc .)  In a civil sense , ( 2 5 min ), if the action happen and the harm occurred , then you are liable .  3 .   Sp ecial d ut ies regard t o animals, s t ric t liabili ty ( 2 7 minute )   A nimals (and S t ric t Liabili ty ) a .   Wild Animals  Defendant will be held to a strict liability standard if defendant owns or controls the animal(like a tiger , if you have a pet tiger , bites someone , you are responsible )  b .   Domesticated Animals  Defendant will be held to a strict liability standard only if defendant had reason toknow of the animals dangerous propensities . (every dog gets a free bite ) (pitbull are not domestic animal insome sense . They are known for their aggressiveness so you have a chance of arguing for this case ).  (special duty , strict liability , 33 minutes )   A bnormall y   D angero u s A c t ivi t ies  a .   Activities that are adjudged to be A B NORMALLY DANGEROUS are subject to Strict Liability for harms thatoccur as a direct result of such activities . (transporting nuclear activity by railroads )  (no comprehensive list of which activities are abnormally dangerous but simply a legal concept to be appliedto each new set of facts .)  38:3 0 (special duties )  Rescuers  a .   Generally , there is never a duty to rescue (exceptions: special relationships (employer , employee , motherand child , instrumentality , like if you cause the peril then you have the duty to rescue them )  b .   A rescue , once begun , must be completed (or attempted to be completed ).   B ecause once begin rescue , itdiscourages other people to do the rescue .  c .   Good Samaritan laws protect rescuers from liability for harm caused during the rescue . (this is like , if someone was choking and I helped them and I end up breaking their ribs , some states protect me frombreaking the persons rib while helping them out .   (42:18) BRE ACH   1.   Common sense  did the defendant act reasonably or unreasonably? 2.   B PL (analysis methods propose by the Chicago School of Economics )   the burden of taking precautions mustbe LESS T H AN the probability of harm multiplied by the loss (does the utility of the action outweigh the riskof harm? )  3 .   Did defendant violate a custom (persuasive evidence , but not dispositive )  4 .   Did defendant violate a statute or other law (maybe negligence PER SE , this means if you drive over thespeed limit , and cause an accident , you have to prove to judge why you were driving over the speed limit )  5 .   Res Ipsa Loquitor The thing it self speak (if you cant prove it , we cant impute it ). (48 minutes , anexample ).  Is there a duty and was it fulfill or not? So let say the harm was 100 K . (if this asset was to be spilled and harm others ),  but it cost only 20 K to help protect that spill from happening .   10% likely to spill . Spend less to protect public instead of risking . If it cause 20 K to protect public and the probability of harm is 10% and the amount is 100 K , this is not breach A c tu al ca u se (49:15) 1.   Was defendant the B UT - FOR cause of the harm? (train guy , guy with explosive , scale fail on lady ) Train guy is thebut - for cause of the harm (if I didnt to x , would Y even happen? )   P ROXIM AT E CAU S E (55 min ut es) 1.   Was the harm FORESEEA B LE? 2.   Was the harm caused by some interceding event that was NOT foreseeable? (if the intervening act was , itself  ,  foreseeable , then liability will still attach ) (ex: 56:3 0) in the long change of event , some other person introduce anew negligence in the scenario , it can cut off your negligence .  3 .   The T H IN SKULL RULE ( You take your plaintiff as you find them . If they have a a thin skull , then its still yourfault . Or if you get in a car accident with a famous football player , its still your fault )  4 .   Peril invites rescue (Rescuers are always foreseeable , and , thus , harm to rescuers is as well )  5 .   Is it fair to hold the defendant liable? ) (If I push this person in the water (in peril ), and someone else rescuesthat person and that rescuer gets injure , then you are responsible for his injury ).  So for example: So if the hospital comes and save they person you injured and gets in the car accident because thedriver was drunk , you can use this as a defense saying the the hospital driver has a greater negligence than you becausehe was drunk!  D EFEN S E S   T O NEGLIGEN C E (1.03.15)1.   C om p ara t ive negligence ( p u re) a .   Perform the negligence analysis to Plaintiffs actionsb .   If all elements have been satisfied , what is the percentage of the harm attributable to Plaintiff?c .   Plaintiffs recovery is reduced by the percentage . (if plaintiff were responsible for 3 0% of that damage ,  they will only get 7 0   %)  Example: You hand firecracker to your friend and it explodes in his hand and he sues you .   B ut you can tell courtthat he had responsible to act too , 5 0% of that , so he can only collect 5 0% of damage ).   2.   C om p ara t ive Negligence (modified  th e 50% r u le) a .   Perform the negligence analysis to Plaintiffs actionsb .   Does Plaintiffs percentage of fault exceed Defendants (5 1%) ? (if plaintiff was more responsible ,  plaintiff does not get anything )  c .   If YES , this is a TOTAL B AR to recovery , otherwised .   Plaintiffs recovery is reduced by that percentage attributable to her .   3.   Ex p ress ass u m p t ion of Riska.   T h ree req u iremen t s: i .   Release given to defendant must have been CLEAR , UNAM B IGUOUS , and EXPLICIT in expressingintent to release the defendant from liability . (talked about if I rent a 4 wheelers , they usuallyhave you sign a release waiver . So they will be saved if they were sued for negligence ).  ii .   The act of negligence that led to the harm must be reasonably related to the purpose for whichthe release was given . (Example: Certain you can release the company of 4 wheelers .   B ut if thewheel flies off  , then its probably not reasonably related to the lease you gave so youll be introuble ).  iii .   The Release must not be contrary to public policy . (like a child , it against policy to releasepermission to like a 1 4 year old ).  b .   If all three: TOTAL B AR to recovery . (if they can show that you release them from the harm , then theyare recovered . (the company )).   4.   Im p lied A ss u m p t ion of Risk a .   The Plaintiff voluntarily participated in the activity which led to the harm .  b .   The harm fell within the scope of risk assumed by the Plaintiff (those injury causing events which areeither known , apparent , or reasonably foreseeable possible consequences of participation .)  c .   If both of the foregoing are satisfied: TOTAL B AR TO RECOVERY .  i .   Example: Football game . You voluntarily participated into the activity . It does not imply if a treebranch fell on you because the bbq guy somehow burned off the branch . What about ski resort? 5.   P lain t iff Failed t o Mi t iga t e D amages a .   The plaintiff has a duty to mitigate her damages if she can; if she fails to do so , her award can bereduced or denied , based upon the circumstances .  i .   Example: You have a duty to mitigate damages . If Im a renter and you got evicted , the landlordhas to demonstrate that she tried to sell the apartment before she can sue you for herdamages/loss . If your skiing and you break your leg , you have to go to the hospital , not go home .   H ave to do something to make your harm less . And if you dont do so , this is a defense for theother person that they can use .  Example: Golf course owner somehow set a spark on a piece of grassy area because the rock chip hit like someelectrical stuff and started a public wildfire .   B urned down someones house . That someone goes and sue the golf course . So start off with the duty , the duty has been breach , and why .  
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