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13 Cards in this Set

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Res Ipsa Loquitur
1. Type of accident doesn't happen w/o negligence
2. Def was under exclusive control of the situation
3. Pl did not contribute to the accident
[4. Def in a better place to know what actually happened]
Procedural effect: puts Def in "Def's Hell" and leaves a rebuttable presumption of negligence or negligence as a matter of law
Superceding events in PxC analysis
Suicide
Crime
(both used to be more superceding than they are now)
Intervening events in PxC analysis that are not superceding.
Danger invites rescue
Natural causes (usually)
Medical Malpractice
Subrogation Clause and Collateral Source Rule
- Subrogation clause in a policy allows an insurance to claim a portion of Pl's damages.
- Collateral Source Rule: When a Pl gets money from elsewhere (altruism, insurance) that does not affect damages due to them.
What are the act elements of intentional torts?
External manifestation of def's will or failure to act while under a duty to act.
*IIED: Extreme and outrageous conduct
What are the intent elements of intentional torts?
Desire to cause consequences; Knowledge to a substantial certainty that consequences will result; *Transferred Intent.
*IIED: No transferred intent + Recklessness
What are the effect elements of intentional torts?
Battery: Harmful contact, offensive contact (RPP)
Assault: Imminent apprehension of harmful contact
False Imprisonment: Confinement that the Pl is aware of or affected by
Trespass to land: Entry on land
Trespass to chattels: Intermeddling with other's chattels
[Conversion: Substantial interference with other's chattels]
IIED: Severe Emotional Distress
Cause in fact for negligence
def's failure was a substantial factor in the harm done to the Pl.
Daubert evidenciary rules
[Federal Ct.] Rejected Frye method for scientific testimony and asks,
1. Is it knowledge that can be tested?
2. Has it been subjected to peer review/published?
3. What is the known error rate?
4. Has it achieved general acceptance?
Summers v. Tice execption
Usually need better than 50% chance that tortfeasor was the cause in fact. Two shooters, "one" indivisible injury, both liable.
Market share liability (DES)
Hard to establish, only when defs acting in similarly negligent ways, goods are fungible and a small number of defs (DES=6, 200 is too many) make up a majority of the market share.

Damages calucated weird.
- 90% market share
- Pl can only recover max 90% of damages
- Def1 has 5% mkt share, Def1 pays 5% of total damages
- Defs can exculpate
General damages (non-economic)
- Mental/physical pain, past/future (includes loss of enjoyment of life)
- Permanent disability/disfigurement
Special damages (economic)
- Medical expenses, past/future
- Loss of earning/earning capacity