Untitled Flashcards Set

Torts

1. Butterfield v. Forrester
   Issue: Log in the road
   Concept: Contributory negligence
   Key Point: Plaintiff’s negligence can bar recovery.

2. Davies v. Mann
   Issue: Donkey in the road
   Concept: Last clear chance doctrine
   Key Point: Even if the plaintiff was negligent, if the defendant had the last clear chance to avoid harm, they may still be liable.

3. Escola v. Coca-Cola Bottling Co.
   Issue: Exploding Coke bottle
   Concept: Strict liability for defective products
   Key Point: Manufacturer can be held strictly liable for product defects.

4. Helling v. Carey
   Issue: Glaucoma misdiagnosis
   Concept: Duty of care
   Key Point: Doctors can be liable for failure to follow standard practices, even if uncommon.

5. Henningsen v. Bloomfield Motors, Inc.
   Issue: Injured wife
   Concept: Implied warranty
   Key Point: Warranty extends to anyone expected to use the product.

6. Li v. Yellow Cab Co. of CA
   Issue: Intersection collision
   Concept: Comparative negligence
   Key Point: Recovery is reduced by the plaintiff’s percentage of fault.

7. MacDonald v. Ortho Pharmaceutical Corp.
   Issue: Blood clot from "the pill"
   Concept: Duty to warn
   Key Point: Manufacturers must provide adequate warnings about product risks.

8. MacPherson v. Buick Motor Co.
   Issue: Defective wheel
   Concept: Product liability
   Key Point: A manufacturer is liable for negligence even if the defect originated from a supplier.

9. Mathias v. Accor Economy Lodging
   Issue: Bedbugs
   Concept: Willful and wanton conduct
   Key Point: Punitive damages may apply for egregious conduct.

10. Morgan v. Faberge
    Issue: Flammable cologne
    Concept: Foreseeable misuse
    Key Point: Manufacturers may be liable if product misuse is foreseeable.

11. Scott v. Alpha Beta Company
    Issue: Wet floor, pink furry slippers
    Concept: Premises liability
    Key Point: Businesses have a duty to protect patrons from known hazards.

12. US v. Carroll Towing Co.
    Issue: Untied barge
    Concept: Hand formula
    Key Point: Liability determined by balancing burden, probability, and gravity of harm (B < PL).

Property

1. Bass v. Gregory
   Issue: Beer brewed in a cellar
   Concept: Implied easement
   Key Point: Long-standing, apparent, and continuous use can establish an easement.

2. Boomer v. Atlantic Cement Co.
   Issue: Noise & dust from a cement company
   Concept: Permanent damages vs. injunction
   Key Point: Courts may award permanent damages instead of an injunction.

3. Cheney Bros. v. Doris Silk Co.
   Issue: Fashion design copying
   Concept: Property rights in ideas
   Key Point: Designs not covered by copyright or patent law have limited protection.

4. Hammonds v. Central Kentucky Natural Gas Co.
   Issue: Natural gas under property
   Concept: Rule of capture
   Key Point: Natural resources become property once extracted.

5. Pierson v. Post
   Issue: Fox hunt
   Concept: First possession
   Key Point: Ownership of wild animals requires actual possession.

6. Spur v. Del E. Webb Development Co.
   Issue: Cattle lot & AZ developer
   Concept: Public nuisance
   Key Point: Developers may be required to indemnify pre-existing nuisances.

7. Sturges v. Bridman
   Issue: Confectioner vs. doctor
   Concept: Nuisance
   Key Point: A longstanding use can be challenged if it becomes a nuisance to new users.

Contracts

1. Batsakis v. Demotsis
   Issue: Drachma for dollars
   Concept: Adequacy of consideration
   Key Point: Courts do not inquire into the adequacy of consideration.

2. Hamer v. Sidway
   Issue: Uncle’s promise to nephew
   Concept: Consideration
   Key Point: Forbearance from a legal right counts as consideration.

3. Sherwood v. Walker
   Issue: "Pregnant" cow
   Concept: Mutual mistake
   Key Point: A mutual mistake regarding a material fact can void a contract.

Readings

1. Calabresi & Melamed
   Concept: Property, liability, and inalienability rules
   Key Point: Property rules protect entitlements through exclusion; liability rules protect through compensation.

2. Coase, "The Problem of Social Cost"
   Concept: Coase theorem
   Key Point: Private negotiations can resolve externalities when transaction costs are low.

3. Hardin, "The Tragedy of the Commons"
   Concept: Overuse of shared resources
   Key Point: Common resources tend to be overused without regulation or private ownership.

4. Demsetz, "Toward a Theory of Property Rights"
   Concept: Evolution of property rights
   Key Point: Property rights emerge to internalize externalities as costs and benefits change.

5. Polinsky, "Ch. 2 & 15: Equity and Efficiency"
   Concept: Equity-efficiency trade-off
   Key Point: Legal rules aim to balance fairness and efficiency.

6. Polinsky, "Ch. 17: The Problem of Valuation"
   Concept: Valuation of damages
   Key Point: Methods to value damages depend on market conditions and individual preferences.