1L Torts

1) Deterrence
2) Administrability
3) Compensation

1) Physical injury to people
2) Injury to property

A duty to use reasonable care under the circumstances with regard to the physical well-being of another. Reasonable Foreseeability. Foreseeable risks to foreseeable victims.

Has to do with the nature of the relationship of the parties in a case. Winterbottom v. Wright (must be in a contract to sue for products that are not imminently dangerous).

Cardozo expands the Thomas definition of imminently dangerous from just a few products to include all objects that are imperfectly constructed. Makes Privity Rule no longer relevant.

1) Affirmative Duty to Warn, Rescue or Protect
2) Premises Liability
3) Pure Economic Loss

1) misfeasance
2) nonfeasance
EXCEPTIONS:
1) Special Relationships
2) D created the peril to plaintiff
3) Voluntary Undertaking (D is trying to help protect)

1) relationship between the parties
2) reasonable foreseeability of harm to persons injured
3) public policy concerns

1) invitee-business purpose or mutual benefit of both parties.
2) licensee- social guest on site for their own benefit
3) trespasser-no permission to be on property.

1) invitee-must keep premises in reasonably safe conditions.
2) licensee-warn of any known hidden dangers
3) trespasser-generally no duty, but need to refrain from willfully or wantonly injuring.

Generally, no duty when dealing with the loss of potential income.

Special Foreseeability Rules:
1) Special Relationships
2) Some Type of Contract in Place
3) Proximity

No longer embraces the traditional catagories of premises liability. Classifications do not negate the importance of all people's safety. People don't vary their behavior based on classifications.

Old Rule: an obligation not to have an attractive nuisance on one's land (children).
New Rule: if you can reasonably foresee a child will wander onto your property, you need to take reasonable precautions to protect them from harm (fence around a swimming pool).

1) General-Robust Objective Standard
2) Tailored