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Rule of evidence > Torts 3 last TDs > Flashcards

Torts 3 last TDs Flashcards

1
Q

What is negligence in tort law?

A

Negligence is a failure to exercise reasonable care that results in harm to another person.

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2
Q

What are the six elements required to establish negligence?

A
  • Duty
  • Breach of duty
  • Standard of care
  • Cause-in-fact
  • Proximate cause (scope of liability)
  • Damages
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3
Q

Why is Donoghue v. Stevenson significant in negligence law?

A

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).

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4
Q

What is the “neighbor principle” from Donoghue v. Stevenson?

A

A person must reasonably foresee that their actions could affect others closely connected to the situation.

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5
Q

How did Lord Wright define negligence in Lochgelly and Coal Co. Ltd v. McMullan (1934)?

A

Negligence involves a duty of care, breach of duty, and damage caused by that breach.

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6
Q

How is duty of care determined?

A

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.

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7
Q

What constitutes a breach of duty?

A

A breach occurs when the defendant fails to meet the standard of care expected under the circumstances.

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8
Q

How is the standard of care determined for professionals?

A

It is based on the customary practices of the profession, often established through expert testimony.

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9
Q

What role does proximity play in establishing a duty of care?

A

Proximity requires a sufficiently close relationship between the plaintiff and the defendant to make harm foreseeable.

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10
Q

How can the “reasonable person” standard be adjusted?

A

The court considers specific circumstances, such as the defendant’s age, profession, or expertise.

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11
Q

What is the “reasonable person” standard?

A

The standard requires the defendant to act as a reasonably prudent person would under similar circumstances.

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12
Q

What does Restatement §299A state about professional negligence?

A

Professionals must exercise the skill and knowledge typically possessed by members of their profession in similar circumstances.

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13
Q

What is proximate cause?

A

It limits liability to harms that were reasonably foreseeable as a result of the defendant’s actions.

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14
Q

What is the “but-for” test in causation?

A

The plaintiff must show that the injury would not have occurred “but for” the defendant’s actions.

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15
Q

What must a plaintiff prove to recover damages in negligence?

A

The plaintiff must show a legally recognized harm, such as physical injury or property damage, caused by the defendant’s negligence.

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16
Q

What does “res ipsa loquitur” mean, and what are its elements?

A

“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.

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17
Q

What does “volenti non fit injuria” mean in negligence defense?

A

It means no injury is done to one who consents, absolving the defendant if the plaintiff voluntarily assumed the risk.

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18
Q

How did Anns v. Merton (1977) refine duty of care?

A

Introduced tests of proximity and whether it is fair, just, and reasonable to impose a duty.

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19
Q

How can a duty of care arise from a special relationship?

A

Examples include voluntarily watching a child or assuming responsibility for a disabled person.

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20
Q

What are the two types of comparative negligence?

A
  • 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.
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21
Q

What is contributory negligence?

A

If the plaintiff contributed to their harm in any way, traditionally, they could not recover damages.

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22
Q

How does Massachusetts law handle comparative negligence?

A

Recovery is allowed if the plaintiff’s negligence is not greater than the total of all defendants’ negligence, with damages reduced proportionally.

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23
Q

Why did the jury reject the wrongful death argument against the company in the Jackson case?

A

Because the company could not be blamed for the independent actions of the doctor.

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24
Q

What was the primary issue in the Jackson Family’s wrongful death lawsuit?

A

Determining whether the company or the doctor was at fault, given the company hired the doctor with Jackson’s consent.

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25
Q

What are the two causes of action stemming from the same injury in wrongful death cases?

A
  • Injury or death while the victim lived,
  • Claims by surviving relatives or the victim’s estate.
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26
Q

What did Lord Ellenborough rule in Baker v. Bolton (1808)?

A

Death cannot be seen as similar to injury, so it does not provide grounds for damages.

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27
Q

Why might Baker v. Bolton have been connected to the felony merger doctrine?

A

To justify confiscating the property of murderers, preventing families from claiming damages.

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28
Q

What legislative change in 1846 challenged common law norms on wrongful death?

A

The Fatal Accidents Act 1846 (Lord Campbell’s Act), granting survivors the right to claim damages.

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29
Q

Under what principles did Moragne v. States Marine Lines (1970) recognize wrongful death claims?

A

General principles of admiralty law.

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30
Q

What are special damages in personal injury cases?

A

Pecuniary losses like medical expenses, loss of income, and repair of damaged property.

31
Q

How did Gaudette v. Webb (1972) expand wrongful death claims in Massachusetts?

A

By recognizing common law wrongful death actions separate from statutes.

32
Q

What is the main distinction between survival actions and wrongful death claims?

A

Survival actions recover damages the deceased could have claimed; wrongful death compensates survivors.

33
Q

What are general damages in personal injury cases?

A

Non-pecuniary losses, including pain and suffering, loss of amenity, and emotional anguish.

34
Q

What are the three types of survival statutes in U.S. law?

A
  • All tort actions survive,
  • all except certain exceptions survive,
  • only certain named actions survive.
35
Q

Do personal injury actions survive under survival statutes?

A

Yes, in most jurisdictions, though with varying limitations on damages.

36
Q

Do defamation actions survive under survival statutes?

A

Often not; these are typically excluded.

37
Q

Who are primary beneficiaries under wrongful death statutes?

A

The deceased’s spouse and direct descendants, sometimes parents.

38
Q

What happens if no primary beneficiaries exist under wrongful death statutes?

A

No action may be brought, though some statutes allow claims by dependent relatives.

39
Q

What damages are typically not allowed under “loss to estate” statutes?

A

Non-pecuniary damages.

40
Q

What are examples of non-pecuniary losses in wrongful death claims?

A

Loss of consortium and mental distress or bereavement.

41
Q

How are damages allocated in cases of indivisible harm?

A

Proportional shares are assigned, but liability may shift if one tortfeasor cannot pay.

42
Q

What do punitive damages aim to achieve in wrongful death cases?

A

Punish the wrongdoer and deter similar behavior, though not commonly awarded.

43
Q

What defenses can be used in wrongful death or survival actions?

A

Any defenses the decedent could have used for their injuries, such as contributory or comparative negligence.

44
Q

What do “loss to survivors” statutes compensate?

A

Pecuniary losses to survivors, like support, contributions, and services the deceased would have provided.

45
Q

What is “concert of action”?

A

Joint tortfeasors acting together with a common plan are held jointly and severally liable.

46
Q

How are damages divided in cases of divisible harm?

A

Each tortfeasor is liable only for the harm they caused.

47
Q

How does contributory negligence affect wrongful death damages?

A

It may reduce or bar recovery for death.

48
Q

When did English common law differentiate tort and contract law actions?

A

In the 18th century

49
Q

What are the three types of misrepresentation?

A
  • Fraudulent,
  • Negligent,
  • Innocent.
50
Q

What is scienter in the context of fraudulent misrepresentation?

A

Scienter refers to the knowledge or intent of wrongdoing before making a false representation.

51
Q

What is fraudulent misrepresentation?

A

It is a false representation made with knowledge of its falsity or reckless disregard for its truth, intended to deceive the other party.

52
Q

How is comparative negligence applied in wrongful death cases?

A

Damages are apportioned based on each party’s degree of fault.

53
Q

What was the significance of Pasley v. Freeman (1789)?

A

It recognized deceit as actionable outside of a contract, establishing liability even without direct benefit to the deceiver.

54
Q

What did Derry v. Peek (1889) establish about fraudulent misrepresentation?

A

It defined fraudulent misrepresentation as requiring proof of knowledge of falsity, lack of belief in its truth, or reckless disregard for its truth.

55
Q

What is misrepresentation according to Restatement (Second) §159?

A

An assertion not in accord with the facts, material to the decision, and inducing justifiable reliance.

56
Q

What is the difference between material statements and mere opinion in misrepresentation?

A

Material statements are factual and significant to the decision, while opinions do not qualify unless made by an expert.

57
Q

What are the elements of fraudulent misrepresentation?

A
  • 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.
58
Q

What is negligent misrepresentation?

A

A false statement made without reasonable care to ensure its accuracy, even if believed to be true.

59
Q

What are the tort elements of negligent misrepresentation?

A
  • Duty of care,
  • Materiality,
  • Negligence,
  • Reliance (intent, actual, and justifiable),
  • Damages or economic loss.
60
Q

What is innocent misrepresentation?

A

A false statement made honestly and without negligence, but still inducing justifiable reliance that causes loss.

61
Q

What is contributory negligence in misrepresentation?

A

A defense claiming the plaintiff contributed to their loss by relying on the misrepresentation.

62
Q

What is comparative negligence?

A

A defense asserting that the plaintiff was partially or entirely at fault for their reliance on the negligent misrepresentation.

63
Q

What remedies are available for misrepresentation?

A
  • Rescission of the contract,
  • Reformation of the contract,
  • Imposition of a constructive trust or equitable lien,
  • Punitive damages (for fraud).
64
Q

When is punitive damages awarded for misrepresentation?

A

When the misrepresentation is intentional and fraudulent.

65
Q

What is nondisclosure in contract law?

A

The failure to disclose material information, which is typically not actionable unless an exception applies.

66
Q

What is the doctrine of caveat emptor?

A

“Let the buyer beware,” where buyers assume the risk of undisclosed defects unless active misrepresentation occurs.

67
Q

What are exceptions to the rule of nondisclosure?

A
  • Fiduciary or confidential relationships,
  • Duty to disclose known dangers (e.g., Restatement §388).
68
Q

What case shifted the doctrine of caveat emptor in product liability?

A

MacPherson v. Buick Motor Car Co. (1916), holding manufacturers liable for damages from defective products.

69
Q

What does Restatement §388 state about dangerous chattels?

A

Suppliers must inform users of known dangers that are not obvious or reasonably expected.

70
Q

What principle did Pasley v. Freeman establish?

A

Liability for fraudulent misrepresentation even without contractual privity.

71
Q

What principle did Derry v. Peek reinforce?

A

Fraudulent misrepresentation requires intent or reckless disregard, not mere negligence.

72
Q

What precedent did Hedley Byrne v. Heller establish?

A

Expanded liability for negligent misstatements to include economic loss from reliance on advice.

73
Q

What must be proven to claim damages for misrepresentation?

A

Actual damages, causation between the misrepresentation and harm, and foreseeability of the harm.

74
Q

What distinguishes pecuniary loss from other damages in negligent misrepresentation?

A

Courts generally impose a duty of care only if the defendant has a pecuniary interest in the transaction.

Rule of evidence (13 decks)

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