Untitled Flashcards Set

Butterfield v. Forrester

In this case, the key concept is contributory negligence, stating that a plaintiff's negligence can bar recovery.

Davies v. Mann

This case introduces the last clear chance doctrine, which holds that if the defendant had the last clear chance to avoid harm, they may still be liable even if the plaintiff was negligent.

Escola v. Coca-Cola Bottling Co.

This case established the concept of strict liability for defective products, where manufacturers can be held strictly liable for product defects.

Helling v. Carey

This case addresses the duty of care, stating that doctors can be liable for failing to follow standard practices, even if those practices are uncommon.

Henningsen v. Bloomfield Motors, Inc.

The key concept here is implied warranty, which extends the warranty protection to anyone expected to use the product.

Li v. Yellow Cab Co. of CA

This case deals with comparative negligence, indicating that a plaintiff's recovery is reduced by their percentage of fault.

MacDonald v. Ortho Pharmaceutical Corp.

This case emphasizes the duty to warn, where manufacturers must provide adequate warnings about risks associated with their products.

MacPherson v. Buick Motor Co.

In product liability, this case rules that a manufacturer is liable for negligence even if the defect originated from a supplier.

Mathias v. Accor Economy Lodging

This case involves willful and wanton conduct, stating that punitive damages may apply for egregious conduct.

Morgan v. Faberge

This case illustrates foreseeable misuse, suggesting that manufacturers may be liable if product misuse is foreseeable.

Scott v. Alpha Beta Company

This case touches on premises liability, establishing that businesses have a duty to protect patrons from known hazards.

US v. Carroll Towing Co.

The key concept is the Hand formula, which states that liability is determined by balancing the burden, probability, and gravity of harm (B < PL).

Bass v. Gregory

The case involves implied easement, indicating that long-standing, apparent, and continuous use can establish an easement.

Boomer v. Atlantic Cement Co.

This case discusses the concept of permanent damages versus injunction, allowing courts to award permanent damages instead of an injunction.

Cheney Bros. v. Doris Silk Co.

Here, property rights in ideas are addressed, highlighting that designs not covered by copyright or patent law have limited protection.

Hammonds v. Central Kentucky Natural Gas Co.

The rule of capture is established in this case, stating that natural resources become property once extracted.

Pierson v. Post

This case introduces the concept of first possession, indicating that ownership of wild animals requires actual possession.

Spur v. Del E. Webb Development Co.

This case addresses public nuisance, which may require developers to indemnify for pre-existing nuisances.

Sturges v. Bridman

Nuisance is the key concept here, where a longstanding use can be challenged if it becomes a nuisance to new users.

Batsakis v. Demotsis

This case involves the adequacy of consideration, where courts do not inquire into the adequacy of consideration.

Hamer v. Sidway

The case defines consideration, stating that forbearance from a legal right counts as valid consideration.

Sherwood v. Walker

In this case, mutual mistake is a key concept, where a mutual mistake regarding a material fact can void a contract.

Calabresi & Melamed

This reading discusses property, liability, and inalienability rules, stating that property rules protect entitlements through exclusion, while liability rules protect through compensation.

Coase, "The Problem of Social Cost"

Introduces the Coase theorem, which asserts that private negotiations can resolve externalities when transaction costs are low.

Hardin, "The Tragedy of the Commons"

Discusses the overuse of shared resources, noting that common resources tend to be overused without regulation or private ownership.

Demsetz, "Toward a Theory of Property Rights"

This reading covers the evolution of property rights, indicating that property rights emerge to internalize externalities as costs and benefits change.

Polinsky, "Ch. 2 & 15: Equity and Efficiency"

Introduces the equity-efficiency trade-off, stating that legal rules aim to balance fairness and efficiency.

Polinsky, "Ch. 17: The Problem of Valuation"

Discusses the valuation of damages, noting that methods to value damages depend on market conditions and individual preferences.