Law Outlines Long Torts Outline
This Outline is a detailed compilation of several great outlines as well as notes on the professor's thoughts. It contains detailed explanations of "forks" in applying the law as well as ways to argue each claim. Must have for any Torts student, this outline was the sole reason I got an A....
The following is a more accessible plain text extract of the PDF sample above, taken from our Long Torts Outline. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Strict Liability
Strict Liability vs. Negligence: Incentives for Taking Care
Strict Liability is usually not a guarantee, make the negligence claim after just in case
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Spano v. Perini Corp (p.626): Blasting was done pursuant to a city contract to construct a tunnel in New York. Overturned prior law that the only way to claim SL over blasting was to prove some sort of physical envasion on your land, rocks etc.
Court ruled “since blasting involves a substantial risk of harm no matter the degree of care excersised, we perceive no reason for every permitting a person who engages in such an activity to impose this risk pon nearby person or property without assuming responsibility therefore”
In a SL case, you must prove:
That SL applies
Causation
Damages
Steps in Determining if SL Applies:
Assumption of Risk is the only defense in SL
The common theme of SL is RECIPROCITY: SL should be imposed when an activity poses risks for potential victims that the victims do not also pose for others
Must convince the judge that SL should apply to this case
Do this by citing parallel cases, a class of cases, or if of first impression, why it will have the benefits of SL
All judges agree SL applies to:
Cattle escaping (Rst §21) (Garcia Rejected)
Keeping wild animals (Third Restatement-Normally not domesticated)
Keeping dangerous pets (Rst §23)
Even normal pets that have exhibited vicious tendencies such as barking, growling (Collier v. Zambito) (Rst §23)
Spreading fires
Injuries caused by common carriers
Injuries caused by inkeepers
First question you ask in this instance is if the danger could have been avoided by due care?
If YES, NOT a SL case probably negligence
If NO, are there any benefits of strict liability over negligence?
Information and Control
Are D’s in the best position to make calculations and carry it out, and is there generally nothing could do to protect himself?
Does the activity destroy evidence of its negligence?
Do we want to encourage activity level effects against D?
Or is P in the best position to make activity level changes and R&D?
Keep in mind that if there are no readily available substitutes for whom SL is imposed upon- there will be no advantage to it
Cost Spreading/Fairness/Enterprise Liability
Does the activity produce broad social benefits but create the risk of serious, enterprise-specific harms to a few Ps?
Is D in the best position to insure or otherwise broadly distribute the costs of non-negligently caused accidents?
Will both P and D benefit from knowing for sure that D will always pay?
Stone v. Bolton (p.129): Cricket ball flies out of stadium unusually and strikes a pedestrian
Judge Jenkins is saying that D had a duty to prevent reasonably forseeable risk
Is this forseeable? Yes because it has happened before
Jenkins is saying that it does matter how cheap the precaution is/the risk etc there must be NO RISK or you are liable.
Rylands v. Fletcher (p.103): **US Courts Cite as the Origin of SL
To D’s surprise, there was a shaft that went from his reservoir to the P’s mineshaft and flooded it.
Justice Bramwell: talks about the distinction between man-made and aritifical casues. Seems to be arguing that non-natural causes are defined...
Buy the full version of these notes or essay plans and more in our Long Torts Outline.
This Outline is a detailed compilation of several great outlines as well as notes on the professor's thoughts. It contains detailed explanations of "forks" in applying the law as well as ways to argue each claim. Must have for any Torts student, this outline was the sole reason I got an A....
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