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21 Cards in this Set

  • Front
  • Back
Exceptions to Reasonable Person standard
1) Mental condition/disability if distinct
2) Doesnt create bad line drawing problems
3) Doesnt create bad perverse incentives
4) Unlikely to be phony
Standard of care for Medical Professionals
Must act with the level of skill and learning commonly possesed by members of the profession in good standing.

Exception: If the medical professional has superior skill and knowledge he must use it.
Standard of care for children
The conduct of a reasonable person of that age and experience UNLESS
they are engaged in a dangerous activity normally only pursued in by adults
Is insanity a defense to using reasnable care?
Yes, if the instanity resultedf FROM using reasonable care.

Hays v. Williams
When is there an affirmative duty to act?
Special relationship
Public duty doctrine
Public agencies owe a duty to the public at large, not an individual, unless they are in a special relationship.
Public duty Notable Exception
Police owe a duty to protect .9/
3 Guidelines for breach of duty
1) Compliance wit custom
2) Compliance with law
3) Res ipsa loquitor
Negligence per se EXCEPTIONS
1) If violating the statute in the manner it was violated was expected to prevent the harm the statute was designed to prevent.

2) If the harm that befell the plaintiff was not the harm the statute was designed to prevent
Res ipsa requirements
1) high probability of negligence GIVEN the injury AND
2) D's have better knowledge of what happened AND
3) Exclusive control of D
Res ipsa policy reasons
1) Smoking out of evidence
2) Overcome a conspiracy of silence to get information out
Effect of res ipsa
Shifts the burden of proof onto the Defendants
What happens if all Ds are not negligent - can res ipsa apply?
Compliance with custom

General rule
Compliance with custom is no defense, but it is a factor
Compliance with custom will be a good defense in this scenario
When the two parties are contractually related. )Rodi Yachts)
Rodi Yachts reasoning for custom
Can take it into acount because P got what he bargained for, he assumed the risk for a cheaper price (in the market context)
TJ Hooper reasoning for custom
No defense
Two rules for undertaking to help someone.
1) If you undertake to provide services and then do so negligently, you are liable if (a) the negligent act increased the risk of harm OR (b) the harm is suffered bease of the other's reliance upon the undertaking

2) If you undertake to rescue someone, you will be liable for (a) failing to use reasonable care, or (b) discontinuing service if it puts them in a worse position
3 prongs of Proximate Cause
1) Remoteness/forseeability
2) Lack of superceding/intervening causes
3) Psychological "grab bag"
Alternative liability distinguised from res ipsa
shifts the burden of proof on the question of causation vs. the question of breach
Alternative Liability/Causation reqruiements
1) Multiple negligent acts that cannot be sorted out
2) Can prove that one of the Ds caused the harm but dont know which