Torts 3 last TDs Flashcards
What is negligence in tort law?
Negligence is a failure to exercise reasonable care that results in harm to another person.
What are the six elements required to establish negligence?
- Duty
- Breach of duty
- Standard of care
- Cause-in-fact
- Proximate cause (scope of liability)
- Damages
Why is Donoghue v. Stevenson significant in negligence law?
It established the principle of duty of care, holding that a person owes a duty of care to their “neighbors” (those closely and directly affected by their actions).
What is the “neighbor principle” from Donoghue v. Stevenson?
A person must reasonably foresee that their actions could affect others closely connected to the situation.
How did Lord Wright define negligence in Lochgelly and Coal Co. Ltd v. McMullan (1934)?
Negligence involves a duty of care, breach of duty, and damage caused by that breach.
How is duty of care determined?
Courts evaluate whether it is reasonably foreseeable that the defendant’s actions could harm the plaintiff and whether it is fair, just, and reasonable to impose a duty.
What constitutes a breach of duty?
A breach occurs when the defendant fails to meet the standard of care expected under the circumstances.
How is the standard of care determined for professionals?
It is based on the customary practices of the profession, often established through expert testimony.
What role does proximity play in establishing a duty of care?
Proximity requires a sufficiently close relationship between the plaintiff and the defendant to make harm foreseeable.
How can the “reasonable person” standard be adjusted?
The court considers specific circumstances, such as the defendant’s age, profession, or expertise.
What is the “reasonable person” standard?
The standard requires the defendant to act as a reasonably prudent person would under similar circumstances.
What does Restatement §299A state about professional negligence?
Professionals must exercise the skill and knowledge typically possessed by members of their profession in similar circumstances.
What is proximate cause?
It limits liability to harms that were reasonably foreseeable as a result of the defendant’s actions.
What is the “but-for” test in causation?
The plaintiff must show that the injury would not have occurred “but for” the defendant’s actions.
What must a plaintiff prove to recover damages in negligence?
The plaintiff must show a legally recognized harm, such as physical injury or property damage, caused by the defendant’s negligence.
What does “res ipsa loquitur” mean, and what are its elements?
“The thing speaks for itself.” Elements:
- The event would not occur without negligence.
- The defendant had exclusive control of the cause.
- The plaintiff did not contribute to the harm.
What does “volenti non fit injuria” mean in negligence defense?
It means no injury is done to one who consents, absolving the defendant if the plaintiff voluntarily assumed the risk.
How did Anns v. Merton (1977) refine duty of care?
Introduced tests of proximity and whether it is fair, just, and reasonable to impose a duty.
How can a duty of care arise from a special relationship?
Examples include voluntarily watching a child or assuming responsibility for a disabled person.
What are the two types of comparative negligence?
- Pure Comparative Negligence: Plaintiff’s damages are reduced by their percentage of fault.
- Modified Comparative Negligence: Plaintiff cannot recover if they are equally or more responsible for the harm.
What is contributory negligence?
If the plaintiff contributed to their harm in any way, traditionally, they could not recover damages.
How does Massachusetts law handle comparative negligence?
Recovery is allowed if the plaintiff’s negligence is not greater than the total of all defendants’ negligence, with damages reduced proportionally.
Why did the jury reject the wrongful death argument against the company in the Jackson case?
Because the company could not be blamed for the independent actions of the doctor.
What was the primary issue in the Jackson Family’s wrongful death lawsuit?
Determining whether the company or the doctor was at fault, given the company hired the doctor with Jackson’s consent.
What are the two causes of action stemming from the same injury in wrongful death cases?
- Injury or death while the victim lived,
- Claims by surviving relatives or the victim’s estate.
What did Lord Ellenborough rule in Baker v. Bolton (1808)?
Death cannot be seen as similar to injury, so it does not provide grounds for damages.
Why might Baker v. Bolton have been connected to the felony merger doctrine?
To justify confiscating the property of murderers, preventing families from claiming damages.
What legislative change in 1846 challenged common law norms on wrongful death?
The Fatal Accidents Act 1846 (Lord Campbell’s Act), granting survivors the right to claim damages.
Under what principles did Moragne v. States Marine Lines (1970) recognize wrongful death claims?
General principles of admiralty law.
What are special damages in personal injury cases?
Pecuniary losses like medical expenses, loss of income, and repair of damaged property.
How did Gaudette v. Webb (1972) expand wrongful death claims in Massachusetts?
By recognizing common law wrongful death actions separate from statutes.
What is the main distinction between survival actions and wrongful death claims?
Survival actions recover damages the deceased could have claimed; wrongful death compensates survivors.
What are general damages in personal injury cases?
Non-pecuniary losses, including pain and suffering, loss of amenity, and emotional anguish.
What are the three types of survival statutes in U.S. law?
- All tort actions survive,
- all except certain exceptions survive,
- only certain named actions survive.
Do personal injury actions survive under survival statutes?
Yes, in most jurisdictions, though with varying limitations on damages.
Do defamation actions survive under survival statutes?
Often not; these are typically excluded.
Who are primary beneficiaries under wrongful death statutes?
The deceased’s spouse and direct descendants, sometimes parents.
What happens if no primary beneficiaries exist under wrongful death statutes?
No action may be brought, though some statutes allow claims by dependent relatives.
What damages are typically not allowed under “loss to estate” statutes?
Non-pecuniary damages.
What are examples of non-pecuniary losses in wrongful death claims?
Loss of consortium and mental distress or bereavement.
How are damages allocated in cases of indivisible harm?
Proportional shares are assigned, but liability may shift if one tortfeasor cannot pay.
What do punitive damages aim to achieve in wrongful death cases?
Punish the wrongdoer and deter similar behavior, though not commonly awarded.
What defenses can be used in wrongful death or survival actions?
Any defenses the decedent could have used for their injuries, such as contributory or comparative negligence.
What do “loss to survivors” statutes compensate?
Pecuniary losses to survivors, like support, contributions, and services the deceased would have provided.
What is “concert of action”?
Joint tortfeasors acting together with a common plan are held jointly and severally liable.
How are damages divided in cases of divisible harm?
Each tortfeasor is liable only for the harm they caused.
How does contributory negligence affect wrongful death damages?
It may reduce or bar recovery for death.
When did English common law differentiate tort and contract law actions?
In the 18th century
What are the three types of misrepresentation?
- Fraudulent,
- Negligent,
- Innocent.
What is scienter in the context of fraudulent misrepresentation?
Scienter refers to the knowledge or intent of wrongdoing before making a false representation.
What is fraudulent misrepresentation?
It is a false representation made with knowledge of its falsity or reckless disregard for its truth, intended to deceive the other party.
How is comparative negligence applied in wrongful death cases?
Damages are apportioned based on each party’s degree of fault.
What was the significance of Pasley v. Freeman (1789)?
It recognized deceit as actionable outside of a contract, establishing liability even without direct benefit to the deceiver.
What did Derry v. Peek (1889) establish about fraudulent misrepresentation?
It defined fraudulent misrepresentation as requiring proof of knowledge of falsity, lack of belief in its truth, or reckless disregard for its truth.
What is misrepresentation according to Restatement (Second) §159?
An assertion not in accord with the facts, material to the decision, and inducing justifiable reliance.
What is the difference between material statements and mere opinion in misrepresentation?
Material statements are factual and significant to the decision, while opinions do not qualify unless made by an expert.
What are the elements of fraudulent misrepresentation?
- A false representation,
- Made knowingly, recklessly, or without belief in its truth,
- Intending the other party to rely on it,
- Leading to damage caused by justifiable reliance.
What is negligent misrepresentation?
A false statement made without reasonable care to ensure its accuracy, even if believed to be true.
What are the tort elements of negligent misrepresentation?
- Duty of care,
- Materiality,
- Negligence,
- Reliance (intent, actual, and justifiable),
- Damages or economic loss.
What is innocent misrepresentation?
A false statement made honestly and without negligence, but still inducing justifiable reliance that causes loss.
What is contributory negligence in misrepresentation?
A defense claiming the plaintiff contributed to their loss by relying on the misrepresentation.
What is comparative negligence?
A defense asserting that the plaintiff was partially or entirely at fault for their reliance on the negligent misrepresentation.
What remedies are available for misrepresentation?
- Rescission of the contract,
- Reformation of the contract,
- Imposition of a constructive trust or equitable lien,
- Punitive damages (for fraud).
When is punitive damages awarded for misrepresentation?
When the misrepresentation is intentional and fraudulent.
What is nondisclosure in contract law?
The failure to disclose material information, which is typically not actionable unless an exception applies.
What is the doctrine of caveat emptor?
“Let the buyer beware,” where buyers assume the risk of undisclosed defects unless active misrepresentation occurs.
What are exceptions to the rule of nondisclosure?
- Fiduciary or confidential relationships,
- Duty to disclose known dangers (e.g., Restatement §388).
What case shifted the doctrine of caveat emptor in product liability?
MacPherson v. Buick Motor Car Co. (1916), holding manufacturers liable for damages from defective products.
What does Restatement §388 state about dangerous chattels?
Suppliers must inform users of known dangers that are not obvious or reasonably expected.
What principle did Pasley v. Freeman establish?
Liability for fraudulent misrepresentation even without contractual privity.
What principle did Derry v. Peek reinforce?
Fraudulent misrepresentation requires intent or reckless disregard, not mere negligence.
What precedent did Hedley Byrne v. Heller establish?
Expanded liability for negligent misstatements to include economic loss from reliance on advice.
What must be proven to claim damages for misrepresentation?
Actual damages, causation between the misrepresentation and harm, and foreseeability of the harm.
What distinguishes pecuniary loss from other damages in negligent misrepresentation?
Courts generally impose a duty of care only if the defendant has a pecuniary interest in the transaction.
