Torts

What is the Hand formula?

B < PL; if the precaution was cheaper than the probability, then a reasonable person would have adopted the precaution.

What are some privileges?

Self defense, property, private necessity, consent.

What are the types of consent?

(1) Actual, (2) Apparent, (3) Presumed based on social norms.

What is a Battery?

An intentional unwarranted "offensive" physical harm.

When can a child be held liable under the reasonable standard?

When they engage in an 'adult activity' where their age isn't clear, like driving.

What is Medical Malpractice?

A reasonable doctor's conduct based on a national standard trend.

What was the old medical malpractice rule?

Same or similar locality; issues include lack of transparency.

What is False imprisonment?

You must be aware that you are falsely confined.

What happens once you have a duty and started acting?

You must perform the rescue reasonably once you have started.

What is joint and several liability?

(a) Joint and Several: may have to pay for both damages; (b) Several: pay for only your damages.

What is market share-liability?

You pay for your market share of the damages.

What is Lost chance?

When a doctor's negligence causes a plaintiff to lose a chance of a cure.

What is the policy of lost chance?

Fairness.

Can you be compensated for the lost chance if you don’t die or have your arm severed?

No, only for pain and suffering damages.

What is the definition of Scope of Liability?

The harm caused must be the type that makes the defendant's conduct unreasonable.

What do you do if the evidence is hazy for causation?

State that the evidence is hazy.

What are non-pecuniary damages?

Loss of enjoyment of life and pain and suffering.

What can punitive damages not be?

Too large, generally not more than ten times the damages.

What does abnormally dangerous refer to?

Something that is out of place.

What is the Respondent Superior principle?

An employer may be liable if the employee's actions are within the scope of employment.

What indicators determine Respondeat Superior?

(1) Employee behavior based on social norms; (2) Scope of employment.

Can professional resellers be liable?

Yes, unless limited by a statute requiring the manufacturer to be sued.

How do we judge design defects?

Based on a reasonable, non-expect consumer.

When are warnings not needed?

If the danger is open and obvious.

Can you waive recklessness for express assumption of risk?

No, you cannot waive liability for recklessness.

What is modified comparative negligence?

Plaintiff is responsible for more than 50% of the harm.

What is intentional infliction of emotional damages?

Intentionally doing something outrageous that causes emotional harm.