Cases for final Flashcards
What is the rule or holding in Vosberg v. Putney (1. battery) and why is it important?
Rule: D may be liable for battery if they intend to take an action that ends up harming P, even if they did not intend to harm P. (Also, social norms are relevant in determining if there was battery.)
Impt because: defines elements of/requirements for battery
What is the rule or holding in Garratt v. Dailey (1. battery) and why is it important?
Rule: if someone takes an action that they know would/could harm another person, and that harm results, the person is entitled to damages.
Impt because: foreseeability requirement for battery
What is the rule or holding in White v. U. of Idaho (1. Battery) and why is it important?
Rule: if you touch someone nonconsensually and they are harmed, you are liable for battery, even if you did not intend to harm them.
Impt because: kind of takes away foreseeability requirement for battery.
What is the rule or holding in Dougherty v. Stepp (2. trespass to land) and why is it important?
Rule: entering onto someone’s land with no justification counts as a trespass, regardless of damage done.
Impt because: notes no damage requirement for trespass (which is different from battery.)
What is the rule or holding in Mohr v. Williams (3. consent) and why is it important?
Rule: Physically touching someone/doing things to someone’s body without their consent counts as battery, even if there was no intent to harm & no negligence.
Impt because: notes the importance of consent, including in medical situations
What is the rule or holding in Kennedy v. Parrot (3. consent) and why is it important?
Rule: if surgeon decides that other action is necessary as part of professional judgment, that does not count as assault & battery even if the patient did not consent to those specific actions.
Impt because: takes away consent requirement in medical situations.
Note: now, hospitals have patients sign informed consent forms
What is the rule or holding in Hudson v. Craft (4. consent and contact sports) and why is it important?
Rule: although each situation is different, a fight promoter can be held liable for injuries to fighters, even if they consented to participating in the fight.
Impt because: you cannot consent to breach of the peace; court is using holding to disincentivize both participants and promoters from holding illegal fights
What is the rule or holding in Hackbart v. Cincinnati Bengals (4. consent and contact sports) and why is it important?
Rule: you don’t get to claim roughness of sport as defense, especially if a hit was not a normal one & is against the rules
Impt because: setting standard for battery in settings where the social norm is for people to get hit all the time
Avila v. Citrus Community College District (4. consent and contact sports)
Rule: although D has a duty to not increase the risks inherent in the sport, even intentional hits in the head are/can be an inherent risk of the sport.
Impt because: Gets rid of “violation of the rules” standard in sports cases for battery: Even if something is a violation of the rules, if it happens often enough, it can be an inherent risk.
What is the rule or holding in Ploof v. Putnam (5. necessity) and why is it important?
Rule: people will not be held liable for trespass if they interfere with another’s belongings out of necessity, like protecting themselves during a storm
Impt because: Makes an exception to the strict no-consent-yes-liability trespass doctrine
What is the rule or holding in Vincent v. Lake Erie (5. necessity) and why is it important?
Rule: if P protects own property (even from an ‘act of God’) at the expense of D’s property, P is liable for those damages to D’s property.
Impt because: creates an exception to the exception to the trespass rule.
What is the rule or holding in Brown v. Kendall (6. rise of negligence) and why is it important?
Rule: if one person injures another unintentionally, and they were not doing anything illegal/improper at the time and were not acting carelessly, then they are not liable for the injury.
Impt because: this case signaled the rise of negligence over strict liability in accident cases.
Fletcher v. Rylands / Rylands v. Fletcher (6. rise of negligence)
Rule: if someone brings something onto their property that could damage their neighbor’s property if it escaped, and it escapes and damages their neighbor’s land/property/etc. they are liable for that damage, regardless of how careful they were to prevent it.
Impt because: it is a more strict liability like rule among the rise in accident cases
What is the rule or holding in Brown v. Collins (7. rise of negligence) and why is it important?
Rule: negligence is required for liability for damage caused by the escape of something one lawfully brings into his own property
Impt because: overturning Rylands v. Fletcher, promoting negligence more
What is the rule or holding in Stone v. Bolton (7. rise of negligence) and why is it important?
Rule: D is liable if they did nothing about something that was a foreseeable risk, even if it was not particularly common or likely.
Impt because: clarifying that people can be liable for failing to take precautions when something is foreseeable, and foreseeable ≠ likely.
What is the rule or holding in Roberts v. Ring (8&9 reasonable person) and why is it important?
Rule: in protecting others, people must account for their own infirmities and take due care. (although in protecting themselves, children are only held to the standard of the average level of care of someone their age)
Impt because: instructs on what to do with infirmities & age & how they interact with the reasonable person standard
What is the rule or holding in Daniels v. Evans (8&9 reasonable person) and why is it important?
Rule: when a minor is doing an adult-like activity such as operating a motor vehicle, the standard of care required (for self-protection as well as the protection of others) is the same as that of a reasonable adult
Impt because: makes an exception to the general rule that minors’ standard of reasonable care for self-protection is a bit lower
What is the rule or holding in Breunig v. AmFam (8&9 reasonable person) and why is it important?
Rule: Someone can claim an insanity defense for negligence, but only as long as their ‘insanity’ was in foreseeable
Impt because: insanity is sort of an exception to the reasonable person standard, but its usage is very limited.
What is the rule or holding in Fletcher v. City of Aberdeen (8&9 reasonable person) and why is it important?
Rule: there is a burden of care on the city to accommodate for disabled people, especially those who are exercising reasonable care for self-protection
Impt because: disabilities create a modified ‘reasonable person’ standard
What is the rule or holding in Cooley v. Public Service Co. (10. calculus of risk) and why is it important?
Rule: if 2 parties have conflicting duties, you only have a duty to the person who would suffer immediate and obvious harm without your care.
Impt because: gives instructions on what to do when there are conflicting duties/precautions to one group would create harm for the other
What is the rule or holding in US v. Carroll Towing Co. (11. Hand formula) and why is it important?
Impt because: they make a formula for balancing interests
Rule: Owner’s duty [to take precautions against boat breaking away] is function of 3 variables:
1. Probability that boat will break away
2. Gravity of resulting injury if boat breaks away
3. How much of a burden it would be to take precautions
What is the rule or holding in Andrews v. United (11. Hand formula) and why is it important?
Rule: given the heightened duty of a common carrier, even a small risk of serious injury to passengers may form the basis of liability if the risk could be eliminated consistent with the character and mode of the business & its practical operation
Impt because: puts forth heightened duty of common carriers
What is the rule or holding in Titus v. Bradford (12. custom) and why is it important?
Rule: Employers are not negligent just bc they don’t use the latest safety equipment & practices; if they follow ordinary custom in the business, they are not negligent.
Impt because: emphasizes the importance of custom in workplace injury negligence cases, especially with employees
What is the rule or holding in Mayhew (12. custom) and why is it important?
Rule: Regular custom is not the same thing as ordinary care; just because something follows regular custom does not mean it complies with ordinary care
Impt because: introduces idea that custom is not always determinative of negligence/nonnegligence in workplace injury cases, especially with independent contractors.