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15 Cards in this Set
- Front
- Back
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strict liability
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liability that does not depend on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe;
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what strict liability applies to
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ultrahazardous activities, wild animals, and product liability cases
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fault principle
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(think Brown v. Kendall)
if D is doing a lawful act and accidentally hurts someone, unless he is chargeable with some fault, negligence, carelessness, or want to prudence, P can't recover |
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why have the fault principle?
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economic (think Posner and Learned Hand)
practicle (think Holmes) |
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Holmes on the fault principle
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unless your act is a threatening one, or something that a RP would not do, you shouldn't be held financially responsible. Activities in the world have consequences!
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Posner and Learned Hand generally, on the fault principle
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economic: it helped historically to establish industry that would otherwise be too risk producing to be financially viable
fault system generates rules of liability that if followed bring about aproximately the cost-justified level of accidents |
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impact rule
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re: emotional harm
outdated rule that said you must be touched by the instrument causing the emotional harm |
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zone of danger
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re: emotional harm
the P must have been 1) within the zone of danger of physical impact 2) reasonably feared for her own safety, and 3) suffered severe emotional distress WITH physical manifestations |
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zone of danger 1)
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you must be in eminent danger of being touched
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zone of danger 2)
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objective test--no allowances for those with thin emotional skulls
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zone of danger 3)
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must have suffered SEVERE emotional distress WITH physical manifestations
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Dillon-Portee test
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re: emotional harm
recovery for emotional distress expanded to included a narrow category of bystanders 1) the death or serious injury of another caused by D's negligence 2)an intimate familial relationship btwn P and victim 3) observation of the harm at the scene of the accident 4)resulting severe emotional distress |
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overall purpose of emotional harm rules
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courts trying to allow recovery for viable claims while not opening the door to unlimited claims and proof problems that go with them
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US loves individual autonomy
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most of our laws merely limit what you can do--not impose what you MUST do
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Hammontree v. Jenner
defective person |
Notion of a duty imposed on a person who has reason to anticipate this type of harm
D was aware of his condition (previous occurance) and so was the one who could anticipate problems (forsee them) and the ONLY one who can minimize the risks! Also, focus on this as a health case, not an auto case |
