Torts

Question 1

Watson factors

Answer 1

1. Whether the conduct resulted form inadvertence or involved an awareness of danger
2. How great a risk was created by the conduct
3. The significance of what was sought by the conduct
4. The capacities of the actor, whether superior or inferior
5. Any extenuating circumstances which might require the actor to proceed in haste
6. The relationship between the fault/negligent conduct and the harm to plaintiff

Question 2

Coleman factors for medical malpractice

Answer 2

1. Whether the wrong is “treatment related” or caused by a dereliction of professional skill
2. Whether the wrong requires expert medical evidence to determine whether the appropriate standard of care was breached
3. Whether the act or omission involved assessment of patient’s condition
4. Whether accident occurred in context of patient-physician relationship, or within scope of activities which a hospital is licensed to perform
5. Whether injury would have occurred if patient had not sought treatment
6. Whether tort alleged was intentional

Question 3

Pitre policy factors

Answer 3

1. Need for compensation of losses
2. Historical development of precedent
3. Moral aspect of defendant’s conduct
4. Efficient administration of the law
5. Deterrence of future harmful conduct
6. Capacity to bear or distribute losses