Torts I

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Restatement Sec. 4
Duty

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"Duty" is used to denote the fact that the actor is required to conduct himself in a particular manner at the risk that if he does not do so he becomes subject to liability to another to whom teh duty is owed for any injury sustained by such other, of which that actor's conduct is a legal cause.

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Restatement Sec. 158
Liability for Intentional Intrusions on Land

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One is subject to liability to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally

(a) enteres land in the possession of the other or causes a thing or a third person to do so, or
(b) remains on the land, or
(c) fails to remove from the land a thing which he is under a duty to remove.

Front 3

Restatement Section 196
Public Necessity

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One is privilege to enter land in the possession of another if it is, or if the actor reasonably believes it to be, necessary for the purpose of averting an imminent public disaster.

Front 4

Restatement Sec. 197
Private Necessity

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(1) One is privileged to enter or remain on land in the possession of another if it is or reasonably appears to be necessary to prevent serious harm to

a. The actor, or his land or chattels,or
b. The other or a third person, or the land or chattels of either, unless the actor knows or has reason to know that the one for whose benefit he enters is unwilling that he should take such action.

(2) Where the entry is for the benefit of the actor or a third person, he is subject to liability for any harm done in the exercise of teh privilege stated in Subsection (1) to any legally protected interest of the possessor of the land or connected with it, except where the threat of harm to avert which the entry is made is caused by the tortious conduct of contributory negligence of the possessor.

Front 5

Restatement Section 281
Statement of the Elements of a Cause of Action for Negligence

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The actor is liable for an invasion of another, if:

(a) the interest invaded is protected against unintentional invasion, and
(b) the conduct of the actor is negligent with respect to the other, or a class or persons within which he is included, and
(c) the actor's conduct is a legal cause of the invasion, and
(d) the other has not so conducted himself as to disable himself from bringing and action for such infasion.

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Section 283. Conduct of a Reasonable Man: The Standard

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Unless the actor is a child, the standard of conduct to which he must conform to avoid negligent is that of a reasonable man under like circumstances.

Comment c. Negligence is a departure from a standard of conduct demanded by the community for the protection of others against unreasonable risk. The standard which the community demands must be an objective and external one, rather than that of the individual judgment, good or bad, of the particular individual. It must be the same for all persons, since the law can have no favorites; and yet allowance must be made for some of the differences b/t individuals, the risk apparent to the actor, his capacity to meet it, and the circumstances under which he must act.

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Restatement Sec. 283A.
Children

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If the actor is a child, the standard of conduct to which he must conform to avoid being negligent is that of a reasonable person of like age, intelligence, and experience under the circumstances.

Comment c. Child engagine in adult activity.
An exception to the rule stated in this section may arise where the child engages in an activity which is normally undertaken only by adults, and for which adult qualifications are required. As in the case of one entering upon a professional activity which requires special skill, he may be held to the standard of adult skill, knowledge, competance, and no allowance may be made for his immaturity.

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Restatement Sec. 283B.
Mental Deficiency

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Unless the actor is a child, his insanity or other mental deficiency does not relieve the actor of liability for conduct which does not conform to the standard of a reasonable man under the circumstances.

Comment: Justifications:
1. Difficulty in distinguishing persons with real mental deficiency and persons with variations in intellect, emotional or temperamental character which cannot be considered in ascertaining liability.
2. Difficulty of proving mental deficiency and likelihood that it may be feigned in order to avoid liability.
3. Better that, of the two innocent parties, the mentally ill person pay as they are the one who inflicted the harm.
4. Liability encourages those who look after them to insure that they cannot do harm.

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Restatement Sec. 283
Physical Disability

Back 9

If the actor is ill or otherwise physically disabled, the standard of conduct to which he must conform to avoid being negligent is that of a reasonable man under like disability.

Front 10

Restatement Sec. 295A.
Custom

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In determining whether conduct is negligent, custom of the community, or of others under like circumstances, are factors to be taken into account, but are not controlling where a reasonable man would not follow them.

Comment b. Relevance of Customs
Any such custom of the community in general, or of other persons under like circumstances, is always a factor to be taken into account in determining whether the actor has been negligent. Evidence of the custome is admissable and is relevant as indicating a composite judgment as to the risks of the situation and the precautions required to meet them, as well as the feasibility of such precautions, the difficulty of any change in accepted methods, the actor's opportunity to learn what is called for, and the justifiable expectations of others that he will do what is usual...

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Restatement Sec. 430
Necessity of Adequate Causal Relation

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In order that a negligent actor shall be liable for another's harm, it is necessary not only that the actor's conduct be negligent toward the other, but also that the negligence of the actor be a legal cause ot the other's harm.

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Restatement Sec. 519 Abnormally Dangerous Activities - General Principle

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(1) One who carries on an abnormally dangerous activity for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent the harm.
(2) This strict liability is limited to the kind of harm, the possibility of which makes the activity abnormally dangerous.