Front | Back |
Intent:
|
The doing of an act with substantial certainty that harm will result.
o Garrett v. Dailey o Spivey v. Battaglia |
Battery:
|
Unpermitted, unprivileged and offensive touching of the person of
another by an act that is intended to and results in such contact:
o Cole v. Turner |
Assault:
|
Intentional creation of a reasonable apprehension of an imminent battery.
o I d e S et. Ux. V. W de S. o Western Union Telegraph Co. v. Hill |
False Imprisonment:
|
Confinement of another within boundaries set by a person
doing an act intended to result in the confinement. The confinement is
against the person’s will and without reasonable avenue of escape or
egress.
o Hardy v. Labelles Distributing Co. o Whittaker v. Sanford |
Consent:
|
Compliance in or approval of what is done or proposed by another.
o Mohr v. Milliams o DeMay v. Roberts |
Informed Consent:
|
Consent to medical treatment by a patient or participation in a medial
experiment by a subject after understanding of what is involved.
o Scott v. Bradford: |
Negligence:
|
A person by some act or omission falls to exercise due
care under the circumstances to one to whom a duty is owed and this act
or omission is the proximate injury resulting in damages. The due care
is that of a reasonable person under the circumstances. (Add in
formula)
o Weaver v. Ward o Brown v. Kendall o Cohen v. Petty o United States V. Carroll Towing Co. o Boyce v. Brown |
Negligence Theory:
|
______________
o MacPherson v. Buick Motor Co. |
Warranty Theory:
|
o Baxter v. Ford Motor Co. o Hennigsen V. Bloomfield Motors Inc. |
Standard of Care:
|
o Cordas v. Peerless Transportation Co. o Robinson v. Lindsa |
Ultrahazardous Activity:
|
One engages in an ultra hazardous-activity such as blasting which
caries with it a risk of serious harm, which can be eliminated, and is
not a common form of activity.
|
Strict Liability or Products Liability:
|
The manufacturer of a product will be held strictly liable for injuries
because of a defect in design or manufacture that’s product causes
injuries when it was being used reasonably for its intended purpose.
o Anonymous o Spano V. Perini Corp. o Greenman v. Yuba Power Products Inc. |
Exception to Strict Liability:
|
Unavoidably unsafe products, where the product cannot be made
completely safe but has a high social utility that justifies its use.
(blood products, certain drugs.)
o Related Cases: |
Causation in Fact:
|
A cause without which the result would not have occurred.
o Perkins v. Texas & New Orleans Ry Co. |
Proximate Cause:
|
A cause that sets in motion a sequence of events uninterrupted by any
superseding causes that result in usu. Foreseeable effect which would
not otherwise have occurred
o In Re Arbitration Between Polemis & Furness, Withy & Co o Wagon Mound #1 o Wagon Mound #@ o Palsgraf v. Long Island R.R |