NEGLIGENCE Prima Facie Case: Actor A is liable to

person P for negligence if:

1. P has suffered an injury;--2. A owed a duty of care to P
(or class that includes P) to take care not to cause an injury
3. A breached that duty of care;--4. As breach was the
actual-proximate cause of Ps injury.

Risk rule: trying to make foreseeable more clearrule

interrogates fit between Ds behavior and Ps injury (metts
case). Demands a plaintiff link injury and conduct
Superseding cause: intervening act must be so HIGHLY
EXTRAORDINARY that preceding negligence should be
ruled out as substantial but-for cause.

QUALIFIED DUTIES OF CARE

1. Premises Liability: Landowner is liable for physical
injuries of visitor. Stronger the invitation to the visitor,
greater the claim. Trespasser/Licensee/Invitee
2. Pure Economic Loss: entitled to physical security, not
economic security.
3. Duty to Rescue: No general duty to act/rescue/prevent
4. Exemption Cases: Imminent Peril to caused by D,
Voluntary Rescue, Special relationships

Negligence Per Se: part of class statute intended to

protect-- suffered type of injury intended to protect
against
Comparative Fault
PureEven if P 99% at fault, could still recover 1%.
Modified-- s contribution must be less than Ds OR s
contribution must be no more than 50%
Assumption of Risk MUST be knowing and voluntary
(subjective standard): Can be reasonable or
unreasonable. To one who chooses to encounter a risk, no
wrong is done

BREACH: not every risk is an unreasonable risk.

Test for breach is reasonableness, not foreseeability. But
foreseeability may bear on precautions of reasonable person
Standard of care in negligence is OBJECTIVE.
T.J. Hooper Rule: Custom is probative but not dispositive
does not govern the outcome. Dont let industry determine
whats reasonable, jury should decide whats reasonable.
adherence to customary business practices does not establish
reasonable care. Courts favor custom except in medical mal
Malpractice test: applicable standard of care is what is
employed by profession generally.
Canterbury Standard/Prudent Patient: Would patient be likely
to attach significance to the risk?
HAND FORMULA
B=burden of precaution P=probability of accident L=liability of
injury damages
If B<PLdefendant is negligent
If B=PLdefendant is not negligent
If B>PLthe defendant is not negligent
RES IPSA LOQUITOR
--Event doesnt occur in absence of negligence
--Caused by agency w/in exclusive control of D
--Injury not due to any voluntary action on
-- need just show more likely than not
SUBSTANTIAL FACTOR TEST:Test allows to prove Ds
act caused harm even though proof would not establish the
act probably was a but-for cause.
FALCON TEST: When MD deprives patient of meaningful
chance of life--he is liable for fraction of chance.
Multiple Necessary Causes: If acts of two or more causing
accident, and but for such concurrence accident wouldnt
have happened
ShiftingBurden w/2 Ds: unfairness of denying injured party
redress because he cant say how much damage each did
when its certain that between them they did all
Alternative liability: Summers & Tice, duck hunting
Directness: D is responsible for any direct and natural
consequences that arise from their negligence
Foreseeability: type of harm suffered was reasonably
foreseeable at time of careless acts.

Compensatory Dam: test is fair & reasonable compensation

Punitive Dam: victims of certain aggravated forms of
mistreatment--malice, insult or wanton/willful violence
PROPERTY PRIMA FACIE CASE
Whether actor set out to make contact w/the property; &
Whether the actor did make such contact.
ULTRAHAZARDOUS ACTIVITIES
-Existence of high degree of risk of harm (P)
-Likelihood that harm resulting will be great (L)
-Inability to eliminate risk by reasonable care (B)
-Extent to which activity is not common usage (policy)
-Inappropriateness of activity to place (policy)
-Extent to which its value to community is outweighed by
its danger (policy)
BATTERY PRIMA FACIE
Actor A is subject o liability to other person P for battery if-A acts---Intending to cause--Harmful contact with P; OR
Contact with P that is offensive; and--As act causes such
contact (objective standard to determine what is
offensive. Intent usually proven by circumstantial evidence)
ASSAULT PRIMA FACIE
Actor A is subject to liability to P for assault if:
A acts, Intending to cause in P the apprehension of: An
imminent harmful contact with P; OR
An imminent contact with P that is offensive, and;
As act causes P reasonably to apprehend an imminent
harmful or offensive contact with P.
FALSE IMPRISONMENT PRIMA FACIE
Actor A is subject to liability to P if:
A Acts, Intending to confine P; As act causes P to be
confined; and P is aware of his confinement.
Under transferred intent doctrine one who intends a
battery is liable even when he unexpectedly injures someone
besides his intended victim.

Defenses to dignatory torts assert that tortfeasor was

privileged to act as he did. Tend to consist of justifications
not excuses.
IIED: Actors conduct is outrageous (objective) & causes
victim severe emotional distress that could be expected to
cause physical harm & conduct does cause such distress
NIED claims assert D committed wrong of failing to be
sufficiently vigilant of s emotional well-being. Emotional
distress is THE injury & not parasitic to a predicate physical
injury.

Physical Impact Test: must have a

contemporaneously sustained injury from a physical impact.
(most courts have abandoned this test)

Zone of danger: limits recovery to s who sustain

physical impact as result of Ds negligence or who are
placed in immediate risk of physical harm by the conduct.
physical consequences of emotional distress: Physical
consequences of fright are too remote and requisite causal
connection is unprovable. (minimized by medical advances)