Torts Attack Outline
Torts Attack Outline
Torts Attack Outline
Defense of Property:
1. No deadly force allowable to protect against property/Min jx: deadly force okay with warning Public: (Complete defense) a. Public (not private) interests at stake b. reasonable in believing act was needed c. Action taken was reasonable response to need Private: (Incompl. Defense Compensation req.) a. [reasonably appears] threatened w/ serious harm b. Response reasonable in light of threat
2.
Assessing Liability:
Vicarious Liability: When can be held liable for someone elses
tort, even though was not negligent 1. Respondeat Superior: Employer/Employee relationship a. Must have committed a tort while acting within scope of employment i. Reasonably incidental to employment ii. So connected as to justify employer pay iii. Frolic v. Detour 1. Frolic abandon bus. 2. Detour slight deviation b. Employee still liable for their own negligence 2. Independent Contractors: Gen. not liable for negl of IC a. IC: Employed to perform service for another but no control over how it is done b. Exception: Non-delegable duty (Employer not liable for collateral damages) Strict Liability: Liability without fault 1. Animals: a. Barnyard: owners liable when animals trespassed on anothers land b. Wild: Owner SL if animal injures anyone c. Domestic: Owner SL for injury only if owner knows/should know animal has dangerous propensities abnormal to its class 2. Rylands Rule: If brings something non-natural onto his land, that is likely to cause harm if it escapes, SL for any harm caused 3. Abnormally Dangerous Activities: (R2d Rule not all needed, but more than 1) a. Inability to eliminate risk through reasonable care b. High degree of risk of some kind c. Likelihood harm will be great d. Extent act is not matter of common usage e. Inappropriateness of location f. Extent value to community outweighed by danger 4. Limitations on SL: a. Proximate Cause: based on s engaging in a dangerous activity, can only recover for the type of harm that makes activity dangerous i. Courts split on if superseding cause destroys SL. b. Contributory Negl: The fact that was contributorily negl is not a complete bar, but IAR is!
2.
3.
4.