Miscellaneous Quiz / Sec 1A Torts Cases

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Score 0/77 Timer 15:00
HoldingCase
'shocks the conscious' --> overrule compensatory damages
knowingly encountering a risk created by D --> secondary assumption of risk
econ harm: surrounding businesses can't recover lost profits
mental distress: dillon standard
motorcycle w/ no leg guards --> design defect
Falling barrel = res ipsa
Baller scientist gets disfigured: high non-pecuniary damages upheld
safety statute = negligence per se; rule of the road doesn't
legal, but inherently dangerous activity: liable
drinking buddies --> special relationship; start helping --> special relationship
Common carriers required to exercise reasonable care NOT extraordinary care
cannot recover for loss of enjoyment of life w/o cog. awareness
Eggshell P rule
Non-commercial social host has no duty towards 3rd parties injured by drunk minors
govt employee: ministerial/discretionary distinction
FDA requires waning--> exception to learned intermediary doctrine
Negligent entrustment = not ok
Duty to protect patrons on commercial prop? Balancing test
defective design for autos: compare to other similar models
foreseeability: probable consequences standard
punitive: single-digit multiplier
careless + some foreseeable harm = responsible for all resulting harm
Med experts can testify --> educate jury about med mal res ipsa
established: lawful act + ordinary care = no liability
no licensee/invitee distinction: both reasonable care
B < PL
HoldingCase
products: rejects privity; duty of care to end users
GM design defect, but P was responsible too
expert med testimony --> causation
failure to follow industry standard doesn't establish negligence
financial harm: no knowledge of particular use, therefore no duty
when statute: private action must be consistent w/ legislative scheme
econ harm: if foreseeable, can recover
constructive notice of danger --> negligence
bible study group: licensee not invitee
spare tire flew off truck = res ipsa
danger is obvious and necessary--> assumption of risk
mental suffering: doesn't require physical impact, but does require physical manifestation
No special relationship --> no aff duty
fungible product: liability by market share
causation: must show reasonable certainty for cause
warnings: enough to say 'serious injury' don't need to be specific
No lights on buggy: negligence per se
Applies Birkner test for scope of employment --> vicarious liability
release form for ski resort unenforceable
no proof of elapsed time --> no constructive notice
police: no duty re: specific threats
Adequate precautions against foreseeable risks = no liability
Dillon standard doesn't apply to mother + kidnapped baby in hospital
Jury should decide if airline is negligent for falling luggage
Docs: no comparative negligence for Ps
duty to fetus which will result in a child
HoldingCase
mental distress: lack of physical manifestation OK; standard: ordinary sensitive person
qualified immunity for govt
no relationship if far away --> no duty
SL for products
Jury decides reasonable precautions for crossing train tracks
shift burden for causation to Ds in special cases
Suing your parents is OK
bring something onto land -->mischief-->you're responsible
Med Mal: national standard > similar localities test
complex product: use risk/utility
firefighter rule doesn't apply beyond premises liability
Asbestos: physical contact =/= physical impact
res ipsa to smoke out which doc was negligent
extreme event: only reasonable for damages that were foreseeable
Chem spill: use negligence, not SL
rape behind untrimmed hedges: not foreseeable
negligent sterilization: limited-recovery rule; but if birth defects, special expenses
Therapist has duty to protect threatened victim
conscious disregard for others --> punitive damages
false information --> liable for resulting harm
Independent contractor: Apparent Auhority --> vicarious liability
state of the art: ex ante approach
No liability when result would be crushing liability
Standard of care: get out of car, look/listen for trains
road surface, lack of signs: discretionary act -->liablity

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