Sec 1A Torts Cases

Random Miscellaneous Quiz

Can you name the Case name?

Quiz not verified by Sporcle

How to Play
res ipsa to smoke out which doc was negligent
No liability when result would be crushing liability
release form for ski resort unenforceable
Dillon standard doesn't apply to mother + kidnapped baby in hospital
mental distress: lack of physical manifestation OK; standard: ordinary sensitive person
police: no duty re: specific threats
Chem spill: use negligence, not SL
Jury should decide if airline is negligent for falling luggage
Duty to protect patrons on commercial prop? Balancing test
no relationship if far away --> no duty
bible study group: licensee not invitee
products: rejects privity; duty of care to end users
road surface, lack of signs: discretionary act -->liablity
conscious disregard for others --> punitive damages
rape behind untrimmed hedges: not foreseeable
Eggshell P rule
careless + some foreseeable harm = responsible for all resulting harm
econ harm: if foreseeable, can recover
safety statute = negligence per se; rule of the road doesn't
causation: must show reasonable certainty for cause
defective design for autos: compare to other similar models
Baller scientist gets disfigured: high non-pecuniary damages upheld
govt employee: ministerial/discretionary distinction
drinking buddies --> special relationship; start helping --> special relationship
Adequate precautions against foreseeable risks = no liability
negligent sterilization: limited-recovery rule; but if birth defects, special expenses
GM design defect, but P was responsible too
'shocks the conscious' --> overrule compensatory damages
SL for products
motorcycle w/ no leg guards --> design defect
false information --> liable for resulting harm
expert med testimony --> causation
legal, but inherently dangerous activity: liable
No lights on buggy: negligence per se
cannot recover for loss of enjoyment of life w/o cog. awareness
Negligent entrustment = not ok
B < PL
when statute: private action must be consistent w/ legislative scheme
fungible product: liability by market share
Independent contractor: Apparent Auhority --> vicarious liability
Falling barrel = res ipsa
warnings: enough to say 'serious injury' don't need to be specific
complex product: use risk/utility
mental distress: dillon standard
danger is obvious and necessary--> assumption of risk
No special relationship --> no aff duty
punitive: single-digit multiplier
Standard of care: get out of car, look/listen for trains
failure to follow industry standard doesn't establish negligence
spare tire flew off truck = res ipsa
Non-commercial social host has no duty towards 3rd parties injured by drunk minors
Applies Birkner test for scope of employment --> vicarious liability
Jury decides reasonable precautions for crossing train tracks
econ harm: surrounding businesses can't recover lost profits
extreme event: only reasonable for damages that were foreseeable
Docs: no comparative negligence for Ps
no proof of elapsed time --> no constructive notice
financial harm: no knowledge of particular use, therefore no duty
no licensee/invitee distinction: both reasonable care
foreseeability: probable consequences standard
Suing your parents is OK
Therapist has duty to protect threatened victim
state of the art: ex ante approach
bring something onto land -->mischief-->you're responsible
constructive notice of danger --> negligence
established: lawful act + ordinary care = no liability
duty to fetus which will result in a child
Common carriers required to exercise reasonable care NOT extraordinary care
Med Mal: national standard > similar localities test
knowingly encountering a risk created by D --> secondary assumption of risk
FDA requires waning--> exception to learned intermediary doctrine
qualified immunity for govt
mental suffering: doesn't require physical impact, but does require physical manifestation
shift burden for causation to Ds in special cases
Asbestos: physical contact =/= physical impact
firefighter rule doesn't apply beyond premises liability
Med experts can testify --> educate jury about med mal res ipsa

Friend Scores

  Player Best Score Plays Last Played
You You haven't played this game yet.

You Might Also Like...


Created Dec 13, 2010ReportNominate
Tags:case, holding, sec, tort