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-Torts: 2 Types of Negligence:
Contributory/Comparative which one applies in N.C
Defense to Negligence:
-Contributory Negligence and Comparative Negligence: In most states (N.C)
contributory negligence is a complete defense. Where plaintiff contributed to his
injuries.
Pauls Graph Vs. Long Island RailRoad: What did it stand for? Tort of Neg.
-Palsgraf v. Long Island Railroad In the book
-Foreseeability
-Located outside of New York, Many that work in NYC live in long island.
People wait for train on platform.
Palsgraf was standing on platform for train. As train was leaving there was a
person trying to get on train and getting helped up by employee on platform
and on train. Man was holding a bag full of fireworks. Bag fell and then exploded.
Shook platform and tile fell and hit Palsgraf.
-Palsgraf had to prove that Long Island Railroad could have foreseen this
situation.
-Intentional torts: Definition (T/F)
Intentional Torts: (In most cases they can also be crimes)
Assault and Battery- Actually two separate torts:
-Battery: An un-permitted touching
-Assault: Occurs when one’s action creates in another a reasonable
apprehension of bodily harm.
You can have either and both at the same time. Both are crimes
Division of permitted touching: Example- of the leaning over desk with hugging
shoulder and shoulder hugging in bathroom. It is up to jury to decided whats
permutable.
-Movie Class action: Discovery of report destroyed was Maggie action after that
point, correct or not?
-Bean counter: What is it?
-What is a Tort?
A civil wrong- as distinguished from a crime- that is not a breach of contract,
and for which the law provides a remedy.
Consists of the violation of a standard of behavior established by society. The
same is true of a crime, except the state rather than an individual is offended. A
breach of contract, on the other hand, involves the violation of standard of
behavior established by the parties themselves.
-If you are suing on Product liability: What do you prove/ what not to prove
- Strict Liability:
- -Liability without regard to fault. (Do not have to prove)
- -Imposed on individuals engaged in dangerous activities. Example: Blasting
rock- liable even if all reasonable precautions are taken.
- -Also imposed in products- liability cases when inherently dangerous if
defective.
- Defamation: Has to be Published. what does it mean?
- Defamation:
- -A False communication that tends to injure one’s reputation by lessening
his esteem, respect, or goodwill in the community.
- -Must be published- requirement is that the statement be made to a third
party. (Someone else sees it or hears it)
- -Actually consists of two torts:
- -Libel: Written word. Existence of damages is presumed (amount must be
proven)
- -Slander- Spoken word.
-Slander per sa, Slander per quad
Two kinds of slander:
- Slander per se: Unnecessary to prove damages (must prove amount).
Consists of the imputation of a crime or of a loathsome disease (jury must
decided if this is true), or statements affecting the plaintiff in his business,
trade, profession, office, or calling.
- Slander per quod: All other slanderous statements. Require proof of damages.
-Privileges: defamation, What are they and what do they apply to?
-Privilege: Circumstance in which an individual is protected against liability for
published false statements. Two kinds:
- Absolute privilege: Statements made in judicial proceedings, legislative
proceedings, and certain executive communications.
Qualified Privilege: Statement must be made in a reasonable manner and for a
proper purpose. (Jury has to determine this, Suppose that I’m in market for new
car; Saturday take neighbor to help you go get a new car, they do a credit report
and the dealership tells you that you’ve been denied. But they accidentally
looked up the wrong Calvin Chesson and then the neighbor goes around and
tells neighborhood how awful you are. It would fall under both the car dealership
and the neighbor
-What test is used for negligence
Jury: Clausal relation problem
-Last clear Chance
Last Clear Chance: used only in states that also use contributory negligence.
Plaintiff negligent, but defendant had last opportunity to avoid injury and did not.
-Movie: What tort was being sued on.
-Elements of contact: Formal/ Simple
- Formal or Simple
Formal Contracts are contracts “under seal”
___________ (Seal) or ($) etc.
Simple Contracts are all contracts not under seal
“What difference does it make”: When a contract is under seal (a) there is a
rebutable presumption the contract is supported by consideration, and (b)
statue of limitations is extended. (No seal- up to 3 years) (Seal- 3-10 years)
Does not have to be written in order to be legal it will just make it easier to
present to the jury in trial.
-How is an Agreement Classified if 1 elements not present
-Quasar contract: Suing on this, what is the measure of damages?
