Torts

(1) What is the Hand formula 

A: B<PL (think it faces the way with more letters).If the precaution was cheaper than the probability then a “reasonable” person would have adopted the precaution. Note: it doesn’t mean we should never take precautions and it is hard to define the letters of each of these. 

(2) What are some privileges:

A: self defense, property, private necessity, consent

(3) What are the types of consent and what are they: 

A:(1) actual (2) apparent: you thought they had consented 

(3) presumed: social norms (soap, like getting hit by a car and you pushed someone out of the way).

(4) What is a Battery?

A: A battery is an intentional unwarranted “offensive” physical harm. 

(5) Under the reasonable standard when can a child be held liable? 

A: A child can be held liable when they are doing an “adult activity” where it isn’t clear if they are an adult. Interacting with the public in ways that they aren’t obviously a child. Ex- driving. 

(6) What is Medical Malpractice?

A:reasonable doctor based on a national standard trend. 

(7) What is the old medical malpractice rule and what are the issues

A: The old rule was same or similar locality. The issues are silence of the lambs. 

(8) False imprisonment:

A: you must be aware that you are falsely confined. 

(9) What happens once you have a duty and you started acting. 

A: With a duty, the difference between act v. omission, is once you have started then you have to perform the rescue reasonably. 

(10) What is joint and several liability?

(a)Joint and Several: you may have to pay for both damages

(b) Several: you have to pay for only your damages. 

(11) What is market share-liability: 

A: you pay for your market share of it!

(12) What is Lost chance

Answer: where a doctor's negligence causes a plaintiff to lose a chance of a cure. (Only when you have failed to spot a disease). Loss of the chance at a cure doctrine. that is, a chance that a disease won't progress—the doctor can be liable for the value of that lost chance. For the most part you have to die or have the arm cut off to show that there was a lost chance of a good outcome. If you don’t die then there is no damages here but they could have separate damages for pain and suffering. 

(13) What is the policy of lost chance

Answer: fairness 

(15) If you don’t die or have your arm severed can you be compensated for the lost chance? 

Answer: Not for lost chance, you can only get pain and suffering damages. 

(16) What is the definition of Scope of Liability?

Answer: is the harm caused by the defendant the type of harm that makes the defendant’s conduct unreasonable in the first place. 

(17) What do you do if the evidence is hazy… for causation. 

Answer:Say that the evidence is hazy. 

(18) What are non-pecuniary damages?

Answer: loss of enjoyment of life and pain and suffering

(19) Punitive damages can’t be too large but the court doesn’t know how large, probably like not ten times the damages. 

(20) What is abnormally dangerous? Something that is out of place

(21) Respondent Superior : Scope of employment. “Is what the employee did the kind of thing that the employer could have expected its employees to do as a result of the job?” (Is it foreseeable by the employer as a result of the employees job). 

(22) Respondeat Superior (1) employee - based on social norms and if they care about details and not just output and (2) scope of employment based on what characteristically and reasonably forceable that a employer would think. We don’t care about the contract we look at the actual relationship. 

IS THIS WAHT THE EMPLOYER COULD HAVE EXPECTED THE PERSON TO DO. We have it because of fairness. 

(23) Professional resellers can be liable unless limited by a statute that says that the manufacturer has to  sue manufacture if reseller is available injurisdictionl 

(24) We judge design defects based on a reasonable, non-expect consumer 

(25) If it has been misused maybe it it just a bad warning, true or false?

A: true  

(26) Does misuse take something out of someone’s scope of liability. 

Answer: yes 

(27) Misuse may also mean that there is a bad warning true or false? 

Answer: true

(28) What is reasonable alternative design ?

Answer: this uses the risk utility test which is just breach. 

(29) Warnings are not needed if what?

Answer: if the danger is open and obvious. 

(30) Can you waive recklessness for express assumption of risk

A. You cannot waive liability for recklessness!!! (This is a difference standard than ordinary negligence). 

(31) What is modified comparative negligence 

Answer: Modified is MORE than 50% that the plaintiff contributed to the harm. 

(32) What is intentional infliction of emotional damages

A: When you intentionally do something outrageous that causes the same purely emotion harm