Torts

Front 1

What is the formula for calculus of risk in order to determine if there is liability or not.

Back 1

B<PL - if the burden of making something safer is LESS than the probability * gravity of harm, then there WILL BE liability

B>PL- burden more than probability and liability- no harm

Also look at social untility of actor's conduct, but small degree of utility does not usually negate great degree of care.

Front 2

What are the elements of Res Ipsa Loquitor?

Back 2

1. no direct evidence as to defendant's conduct
2. injury was such that it does not usually occur without some act of negligence
3. defendant was in exclusive control of the instrumentality causing injury
4.Plaintiff did not cause their oown injury

Front 3

What does "post hoc, ergo propter hoc" mean?

Back 3

"after this, therefore because of this"

it cannot be assumed that an act was the cause of an injury simply due to the fact that they acted negligently and an injury later occurred. The causal connection is missing in this reasoning.

Front 4

(def.) Intervening cause

Back 4

Cause(s) from an outside source which may sever or supersede an actor's liability.

Front 5

elements of a prima facie case of negligence

Back 5

1. Duty to use reasonable care

2. Breach of duty

3. Causation

4. ACTUAL damages

Front 6

What must be established to hold an actor liable in negligence per se?

Back 6

1. statute must be clear
2. injury must be the type of harm that the statute was intended to protect against
3. person injured must be a member of the class of persons the statute was intended to protect.