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14 Cards in this Set
- Front
- Back
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What is the function of Tort law? |
Compensation and deterrence centered on foreseeable and unreasonable risk
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What are the three case paradigms for Intentional Infliction of Emotional Distress? |
1. Near Miss 2. Direct Observer 3. Direct Victim |
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(Near Miss Cases) Re: Mitchell v. Rochester Railway Co. - What are the 3 reasons for no recovery? |
1. Too remote 2. Floodgates 3. Fraudulent claims |
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After Mitchell v. Rochester Railway Co., what is the new rule for near miss cases? |
Compensation is allowed when physical injury was risked by defendant’s negligence, but narrowly avoided; AND Plaintiff suffers severe emotional distress as a result of the near miss |
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(Bystanders - Direct Observer Cases) What is the Dillon Test? (Dillon v. Leg) |
1. P was at the scene 2. P directly observed 3. P was closely related to victim |
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(Direct Victim Cases) What is the rule from Molien v. Kaiser? |
Plaintiff can recover for NIED if a preexisting relationship (i.e. doctor/patient) justifies the imposition of a duty to take reasonable care to avoid emotional harm, even there is no corresponding risk of physical injury |
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What is duty? |
The risk reasonably to be perceived defines the duty to be obeyed |
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What is affirmative duty? |
Defendant is not responsible for the risks that are not of the actor’s making (Not my baby, not my fountain) |
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(Affirmative Duties - Good Samaritan) What is the rule from Hurley v. Eddingfield? |
There is no general duty for doctors to treat a patient whenever requested to do so |
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(Affirmative Duties - Risk Created Without Negligence) What is the rule from Montgomery v. National Convoy & Trucking Co.? |
Defendant has a duty to take reasonable care with respect to those risks that he/she creates, even if it is created without fault |
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(Affirmative Duties) What is the rule from the Louisville Railroad case? |
The law imposes no duty on one man to aid another in the preservation of the latter’s property |
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(Affirmative Duties) What is the rule from the Soldano case? |
Any person who knows or has reason to know that a 3rd person is giving or is ready to give another aid necessary to prevent physical harm to an endangered person AND if he negligently prevents or disables the 3rd person from giving such aid then the person is liable |
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(Affirmative Duties) Governmental Liability (911 Calls) |
No government liability for incompetence of agencies designed to rescue However, cases go the other way once reliance has been induced |
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What are the 3 common law categories for which an owner/occupier of land may be liable to injured party on the land? |
1. Trespasser 2. Licensee (Social guest) 3. Invitee (Business visitor) |
