C. Pure Economic Loss

Size: px
Start display at page:

Download "C. Pure Economic Loss"

Transcription

1 Law 580: Torts Section 1 September 15, 2015 Assignment for September 15, 16, 17: Casebook pages , Chapter 2: The Duty Element III. Qualified Duties of Care C. Pure Economic Loss IV. Rowland, Tarasoff, and the Meaning of Duty

2 Aikens v. Debow (W. Va. 2000) p Who sued whom? 2. What happened? 3. What s the procedural history? 4. What question(s) is/are before this court? 5. What does plaintiff argue? 6. What does defendant argue? 7. What does the court decide? 8. Why?

3 Aikens v. Debow (W. Va. 2000) p Who sued whom? 2. What happened?

4 Aikens v. Debow (W. Va. 2000) p Who sued whom? 2. What happened? 3. What s the procedural history? 4. What question(s) is/are before this court? 5. What does plaintiff argue? 6. What does defendant argue? 7. What does the court decide? 8. Why?

5 Original question certified to the Supreme Court: Whether a claimant who has sustained no physical damage to his person or property may maintain an action against another for negligent injury to another s property which results consequentially in purely economic loss to the claimant. - Question as reformulated by the Supreme Court: May a claimant who has sustained purely economic loss as a result of an interruption in commerce caused by negligent injury to the property of a third person recover damages absent either privity of contract or some other special relationship with the alleged tortfeasor? Aikens v. Debow (W. Va. 2000)

6 we conclude that an individual who sustains purely economic loss from an interruption in commerce caused by another s negligence may not recover damages in the absence of physical harm to that individual s person or property, a contractual relationship with the alleged tortfeasor, or some other special relationship between the alleged tortfeasor and the individual who sustains purely economic damages sufficient to compel the conclusion that the tortfeasor had a duty to the particular plaintiff and that the injury complained of was clearly foreseeable to the tortfeasor. (p. 105) Aikens v. Debow (W. Va. 2000)

7 Rowlands v. Christian (CA 1968) p Who sued whom? 2. What happened? 3. What s the procedural history? 4. What question(s) is/are before this court? 5. What does plaintiff argue? 6. What does defendant argue? 7. What does the court decide? 8. Why?

8 The proper test to be applied to the liability of the possessor of land is whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others, and, although the plaintiff s status as a trespasser, licensee, or invitee may in the light of the facts giving rise to such status have some bearing on the question of liability, the status is not determinative. (p. 117) Rowlands v. Christian (CA 1968)

9 Without attempting to labor all of the rules relating to the possessor s liability, it is apparent that the classifications of trespasser, licensee, and invitee, the immunities from liability predicated upon those classifications, and the exceptions to those immunities, often do not reflect the major factors which should determine whether immunity should be conferred upon the possessor of land. (p. 116) Rowlands v. Christian (CA 1968)

10 Section 1714 of the Civil Code provides: Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself..... Although it is true that some exceptions have been made to the general principle that a person is liable for injuries caused by his failure to exercise reasonable care in the circumstances, it is clear that in the absence of statutory provision declaring an exception to the fundamental principle enunciated by section 1714 of the Civil Code, no such exception should be made unless clearly supported by public policy. A departure from this fundamental principle involves the balancing of a number of considerations; the major ones are the foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant s conduct and the injury suffered, the moral blame attached to the defendant s conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved. (p. 114) Rowlands v. Christian (CA 1968)

11 A departure from this fundamental principle involves the balancing of a number of considerations; the major ones are the foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant s conduct and the injury suffered, the moral blame attached to the defendant s conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of imposing a duty to exercise care with resulting liability for breach, and the availability, cost, and prevalence of insurance for the risk involved. (p. 114) Rowlands v. Christian (CA 1968)

12 A man s life or limb does not become less worthy of protection by the law nor a loss less worthy of compensation under the law because he has come upon the land of another without permission or with permission but without a business purpose. Reasonable people do not ordinarily vary their conduct depending upon such matters, and to focus upon the status of the injured party as a trespasser, licensee, or invitee in order to determine the question whether the landowner has a duty of care, is contrary to our modern social mores and humanitarian values. The common law rules obscure rather than illuminate the proper considerations which should govern determination of the question of duty. It bears repetition that the basic policy of this state set forth by the Legislature in section 1714 of the Civil Code is that everyone is responsible for an injury caused to another by his want of ordinary care or skill in the management of his property. The factors which may in particular cases warrant departure from this fundamental principle do not warrant the wholesale immunities resulting from the common law classifications, and we are satisfied that continued adherence to the common law distinctions can only lead to injustice or, if we are to avoid injustice, further fictions with the resulting complexity and confusion. We decline to follow and perpetuate such rigid classifications. The proper test to be applied to the liability of the possessor of land in accordance with section 1714 of the Civil Code is whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others, and, although the plaintiff s status as a trespasser, licensee, or invitee may in the light of the facts giving rise to such status have some bearing on the question of liability, the status is not determinative. (p. 117) Rowlands v. Christian (CA 1968)

13 Restatement (3d) of Torts 50 Trespasser Defined A trespasser is a person who enters or remains on land in the possession of another without the possessor's consent or other legal privilege. 51 General Duty of Land Possessors Subject to 52, a land possessor owes a duty of reasonable care to entrants on the land with regard to: (a) conduct by the land possessor that creates risks to entrants on the land; (b) artificial conditions on the land that pose risks to entrants on the land; (c) natural conditions on the land that pose risks to entrants on the land; and (d) other risks to entrants on the land when any of the affirmative duties provided in [ 37-44] is applicable. 52 Duty of Land Possessors to Flagrant Trespassers (a) The only duty a land possessor owes to flagrant trespassers is the duty not to act in an intentional, willful, or wanton manner to cause physical harm. (b) Notwithstanding Subsection (a), a land possessor has a duty to flagrant trespassers to exercise reasonable care if the trespasser reasonably appears to be imperiled and (1) helpless; or (2) unable to protect him- or herself.

Legal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe

Legal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe Legal Liability in Recreation Site Management RRT 484 Professor Ed Krumpe 1 Legal Climate Sovereign immunity is basically dead. Lawsuits are part of normal operations & we cannot prevent them. Injuries

More information

CONSTRUCTION ACCIDENTS: LANDOWNER AND CONSTRUCTION MANAGER LIABILITY REVISITED

CONSTRUCTION ACCIDENTS: LANDOWNER AND CONSTRUCTION MANAGER LIABILITY REVISITED CONSTRUCTION ACCIDENTS: LANDOWNER AND CONSTRUCTION MANAGER LIABILITY REVISITED In the recent case of Farabaugh v. Pennsylvania Turnpike Commission, 911 A.2d 1264 (Pa. 2006) the Pennsylvania Supreme Court

More information

PREMISES LIABILITY INSTRUCTIONS Introduction

PREMISES LIABILITY INSTRUCTIONS Introduction PREMISES LIABILITY INSTRUCTIONS Introduction Premises Liability Instructions may be used in cases involving injuries resulting from the condition of property. The primary revision to the Premises Liability

More information

Chapter 7 Tort Law and Product Liability

Chapter 7 Tort Law and Product Liability Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability

More information

In order to establish a prima facie case of negligence, one must determine that the

In order to establish a prima facie case of negligence, one must determine that the In order to establish a prima facie case of negligence, one must determine that the following four elements are established: 1.) P must have suffered an injury and must demonstrate that the injury was

More information

Contributory negligence. comparative negligence. Last clear chance Assumption of risk

Contributory negligence. comparative negligence. Last clear chance Assumption of risk Chapter 17 A defense is the response of a party to a claim of another party, setting forth the reason(s) the claim should be denied. Overview of comparative negligence comparative negligence Contributory

More information

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages Key Concept 9: Understand the differences between compensatory and punitive damages 1 A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff

More information

NC General Statutes - Chapter 99B 1

NC General Statutes - Chapter 99B 1 Chapter 99B. Products Liability. 99B-1. Definitions. When used in this Chapter, unless the context otherwise requires: (1) "Claimant" means a person or other entity asserting a claim and, if said claim

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

Which of the following do you think could be liable to pay compensation?

Which of the following do you think could be liable to pay compensation? ACTIVITY 3 A patient is admitted into an NHS trust hospital for surgery to repair a hernia. Unfortunately, by mistake, a swab is left inside the patient who has to return to theatre for a second operation.

More information

LAW OF DAMAGES AND REMEDIES. DIFC LAW No. 7 of 2005

LAW OF DAMAGES AND REMEDIES. DIFC LAW No. 7 of 2005 ------------------------------------------------------------------------------------------ LAW OF DAMAGES AND REMEDIES DIFC LAW No. 7 of 2005 ------------------------------------------------------------------------------------------

More information

TORT LAW SUMMARY LAWSKOOL UK

TORT LAW SUMMARY LAWSKOOL UK TORT LAW SUMMARY LAWSKOOL UK TABLE OF CONTENTS INTRODUCTION 5 DEFENCES 6 Consent (Or Volenti Non Fit Injuria) 6 Illegtality (or Ex Trupi Causa) 7 Contributory Negiligence 8 NEGLIGENCE 11 Duty of Care 11

More information

Canadian Law 12 Negligence and Other Torts

Canadian Law 12 Negligence and Other Torts Canadian Law 12 Negligence and Other Torts What is Negligence? Someone who commits a careless act that creates harm to another person is negligent. Over the past several years, negligence has become the

More information

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS 1 Interpretation 2 Savings 3 Apportionment of liability where contributory negligence 4 Defence of common employment abolished

More information

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others.

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others. NEGLIGENCE (Heavily Tested) (Write On the Bar): In order for Plaintiff to recover in Negligence, she or he must plead and prove: DUTY, BREACH OF DUTY, ACTUAL CAUSATION, PROXIMATE CAUSATION, AND DAMAGES.

More information

Key Concept 4: Understanding Product Liability Law

Key Concept 4: Understanding Product Liability Law Key Concept 4: Understanding Product Liability Law Suppose that you are the president of a firm making products for sale to the public. One of your worries would be the company's exposure to civil liability

More information

NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13

NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13 NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13 General Rule on Duty What is a duty? A duty is an obligation or a requirement to conform to a standard of conduct prescribed by law. Consider the following questions.

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

Chapter 11 Torts in the Business Environment

Chapter 11 Torts in the Business Environment Chapter 11 Torts in the Business Environment Tort a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Two notions serve as the

More information

FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION

FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION Aaron L. Sherriff FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION 2 Aaron L. Sherriff TABLE OF CONTENTS I. THE CGL POLICY... 3 II. NEGLIGENCE... 3 III. MR. HANKE... 4

More information

Personal Injury Laws

Personal Injury Laws CHAPTER 6 Chapter 6 Slide 1 Personal Injury Laws Lessons 6-1 Offenses Against Individuals 6-2 Intentional Torts, Negligence, and Strict Liability 6-3 Civil Procedure LESSON 6-1 Chapter 6 Slide 2 Offenses

More information

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANTS: MICHAEL A. MINGLIN Miller & Minglin, P.C. Indianapolis, Indiana ATTORNEYS FOR APPELLEE: JAMES W. ROEHRDANZ ERIC D. JOHNSON Kightlinger & Gray, LLP Indianapolis,

More information

Torts Violation of Criminal Statute as Negligence Per Se or Mere Evidence of Negligence

Torts Violation of Criminal Statute as Negligence Per Se or Mere Evidence of Negligence Washington University Law Review Volume 1950 Issue 2 January 1950 Torts Violation of Criminal Statute as Negligence Per Se or Mere Evidence of Negligence McCormick V. Wilson Follow this and additional

More information

Analysis of Premises Liability for the Criminal Acts of Third Parties

Analysis of Premises Liability for the Criminal Acts of Third Parties PBI Electronic Publication # EP-2820 Analysis of Premises Liability for the Criminal Acts of Third Parties Kenneth M. Dubrow, Esq. The Chartwell Law Offices, LLP Philadelphia A chapter from Tort Law Update

More information

SAFETY REVIEW NOT SPECIFIED IN CONTRACT

SAFETY REVIEW NOT SPECIFIED IN CONTRACT SAFETY REVIEW NOT SPECIFIED IN CONTRACT James C. Kozlowski, J.D., Ph.D. 2008 James C. Kozlowski In contracting for personal services, an architect's duty depends on the particular agreement entered into

More information

Key Legal Issues In Construction Defect Claims. Deborah E. Colaner Crowell & Moring LLP

Key Legal Issues In Construction Defect Claims. Deborah E. Colaner Crowell & Moring LLP Key Legal Issues In Construction Defect Claims Deborah E. Colaner Crowell & Moring LLP Recent Development: The California Supreme Court has ruled that contractors cannot be held liable in negligence for

More information

Workplace Related Injuries

Workplace Related Injuries Workplace Related Injuries A Discussion of the Relevant Provisions of New York State Labor Law By: WARREN S. KOSTER, ESQ. CALLAN, REGENSTREICH, KOSTER & BRADY ONE WHITEHALL STREET NEW YORK, NEW YORK 10004

More information

SPECTATOR INJURY OUTSIDE THE STANDS

SPECTATOR INJURY OUTSIDE THE STANDS SPECTATOR INJURY OUTSIDE THE STANDS James C. Kozlowski, J.D., Ph.D. 2006 James C. Kozlowski Under the traditional rule of law, baseball stadium owners or operators owe spectators a "limited duty" of care,

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

ARCHITECTS DUTIES AND LIABILITIES RECENT DEVELOPMENTS IN CASELAW

ARCHITECTS DUTIES AND LIABILITIES RECENT DEVELOPMENTS IN CASELAW ARCHITECTS DUTIES AND LIABILITIES RECENT DEVELOPMENTS IN CASELAW Subramanian Pillai Colin Ng & Partners LLP Outline of Seminar Introduction Overview of Architects Duties Overview of Architects liabilities

More information

(1) A person to whom damage to another is legally attributed is liable to compensate that damage.

(1) A person to whom damage to another is legally attributed is liable to compensate that damage. Principles of European Tort Law TITLE I. Basic Norm Chapter 1. Basic Norm Art. 1:101. Basic norm (1) A person to whom damage to another is legally attributed is liable to compensate that damage. (2) Damage

More information

Title: Current Construction Injury Law in California Issue: Oct Year: 2003 Current Construction Injury Law in California Morgan C.

Title: Current Construction Injury Law in California Issue: Oct Year: 2003 Current Construction Injury Law in California Morgan C. Title: Current Construction Injury Law in California Issue: Oct Year: 2003 Current Construction Injury Law in California Morgan C. Smith Since the last issue of the Forum dedicated to construction litigation,

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

A Litigator s View of the Special Employer Doctrine

A Litigator s View of the Special Employer Doctrine A Litigator s View of the Special Employer Doctrine By: Richard M. Williams, Esq. Published By: Employee Benefit Plan Review July 2013 INTRODUCTION It is a well-established principle of common law that

More information

Unintentional Torts - Definitions

Unintentional Torts - Definitions Unintentional Torts - Definitions Negligence The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person.

More information

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS. Lecturer: Judith Robb-Walters Lesson 8

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS. Lecturer: Judith Robb-Walters Lesson 8 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Lecturer: Judith Robb-Walters Lesson 8 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS LO 2: Understand principles of liability in negligence in business

More information

Supplement No. 1 published with Extraordinary Gazette No. 17 dated, 18 February, 2011.

Supplement No. 1 published with Extraordinary Gazette No. 17 dated, 18 February, 2011. CAYMAN ISLANDS Supplement No. 1 published with Extraordinary Gazette No. 17 dated, 18 February, 2011. A BILL FOR A LAW TO LIMIT NON-ECONOMIC DAMAGES IN CLAIMS FOR MEDICAL NEGLIGENCE; AND TO PROVIDE FOR

More information

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001

LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 1 LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 EXPLANATORY NOTES GENERAL OUTLINE OBJECTIVES OF THE LEGISLATION The purpose of this Bill is to address the impact of the decision of the High

More information

Principles of European Tort Law

Principles of European Tort Law Principles of European Tort Law TITLE I. Basic Norm Chapter 1. Basic Norm Art. 1:101. Basic norm (1) A person to whom damage to another is legally attributed is liable to compensate that damage. (2) Damage

More information

APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS

APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS Implementation of the Panel's Recommendations A national response Recommendation 1 The Panel's recommendations should be incorporated

More information

Professional Negligence

Professional Negligence 1239272 - BCIT 1 Professional Negligence Jeremy T. Lovell Bull, Housser & Tupper LLP 1239272 - BCIT 2 Overview Professional negligence law in context Negligence law in general Duty of care Standard of

More information

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:10-cv-02263-JAR Document 98 Filed 05/04/11 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SANDRA H. DEYA and EDWIN DEYA, individually and as next friends and natural

More information

Civil Liability Amendment (Personal Responsibility) Bill 2002

Civil Liability Amendment (Personal Responsibility) Bill 2002 Passed by both Houses New South Wales Civil Liability Amendment (Personal Responsibility) Bill 2002 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Civil Liability Act 2002 No 22 2 4 Consequential

More information

Chapter IV INTRODUCTION

Chapter IV INTRODUCTION Chapter IV FACULTY LIABILITY I. Overview INTRODUCTION Faculty members are agents of their employers the college or university. In that capacity, the college is liable or responsible for their acts that

More information

Title 28-A: LIQUORS. Chapter 100: MAINE LIQUOR LIABILITY ACT. Table of Contents Part 8. LIQUOR LIABILITY...

Title 28-A: LIQUORS. Chapter 100: MAINE LIQUOR LIABILITY ACT. Table of Contents Part 8. LIQUOR LIABILITY... Title 28-A: LIQUORS Chapter 100: MAINE LIQUOR LIABILITY ACT Table of Contents Part 8. LIQUOR LIABILITY... Section 2501. SHORT TITLE... 3 Section 2502. PURPOSES... 3 Section 2503. DEFINITIONS... 3 Section

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

TORTS SUMMARY LAWSKOOL SINGAPORE

TORTS SUMMARY LAWSKOOL SINGAPORE TORTS SUMMARY LAWSKOOL SINGAPORE Table of Contents Sources Used...4 1. INTRODUCTION TO NEGLIGENCE...5 2. DUTY OF CARE...6 2.1 Introduction & Development of Duty of Care...6 3. DUTY OF CARE- Kinds of Harm...10

More information

2011 Arkansas Agritourism Initiative Legal Protections Against Risk

2011 Arkansas Agritourism Initiative Legal Protections Against Risk 2011 Arkansas Agritourism Initiative Legal Protections Against Risk Harrison Pittman Director NATIONAL AGRICULTURAL LAW CENTER University of Arkansas www.nationalaglawcenter.org www.nationalaglawcenter.org

More information

1. Introduction to Negligence

1. Introduction to Negligence 1. Introduction to Negligence You should be familiar with the following areas: l how to prove negligence l legislative reform to the law of negligence INTRODUCTION A tort exists to protect rights. The

More information

DUTY OF CARE MEL5_96589_1 (W97)

DUTY OF CARE MEL5_96589_1 (W97) DUTY OF CARE Rose Raniolo Senior Associate Minter Ellison Lawyers Level 23 525 Collins Street MELBOURNE VIC 3000 Phone: (03) 8608 2571 Fax: (03) 8608 1223 Introduction A duty of care is a duty to take

More information

Anglo-American Contract and Torts. Prof. Mark P. Gergen. 5. Duty: Nonfeasance and Special Relationships

Anglo-American Contract and Torts. Prof. Mark P. Gergen. 5. Duty: Nonfeasance and Special Relationships Anglo-American Contract and Torts Prof. Mark P. Gergen 5. Duty: Nonfeasance and Special Relationships In the 20 th Century common law courts adopted more expansive principles of duty. The neighbour principle

More information

Chapter Two Liability Coverage

Chapter Two Liability Coverage Chapter Two Liability Coverage How Does a Business Become Liable for Injuries to Others? When we say a business is liable for injuries to others, we mean that they are legally responsible for them. It

More information

Legal Research Record

Legal Research Record Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding

More information

LIMITATION OF CERTAIN ACTIONS ACT

LIMITATION OF CERTAIN ACTIONS ACT LIMITATION OF CERTAIN ACTIONS ACT CHAPTER 7:09 Act 36 of 1997 Amended by 2 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 18.. L.R.O. 2 Chap. 7:09 Limitation of Certain Actions

More information

BUSINESS LAW GUIDEBOOK

BUSINESS LAW GUIDEBOOK BUSINESS LAW GUIDEBOOK SECOND EDITION CHARLES YC CHEW CHAPTER 8: THE LAW OF NEGLIGENCE IN THE BUSINESS WORLD TEST YOUR KNOWLEDGE 1. Outline the elements of the tort of negligence. The elements of the tort

More information

Serial 184 Work Health Administration Bill 2011 Ms Lawrie. A Bill for an Act to provide for the Work Health Authority and Work Health Court

Serial 184 Work Health Administration Bill 2011 Ms Lawrie. A Bill for an Act to provide for the Work Health Authority and Work Health Court Serial 184 Work Health Administration Bill 2011 Ms Lawrie A Bill for an Act to provide for the Work Health Authority and NORTHERN TERRITORY OF AUSTRALIA WORK HEALTH ADMINISTRATION ACT 2011 Act No. [ ]

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 11-0425 444444444444 PETROLEUM SOLUTIONS, INC., PETITIONER, v. BILL HEAD D/B/A BILL HEAD ENTERPRISES AND TITEFLEX CORPORATION, RESPONDENTS 4444444444444444444444444444444444444444444444444444

More information

Trustees liability 8.0 /35

Trustees liability 8.0 /35 Trustees liability 8.0 /35 Trustees liability /8.1 Target Holdings v Redferns (1996) House of Lords Extent of trustees liability for equitable relief A finance company instructed a firm of solicitors to

More information

Restatement of the Law, Third, Torts: Products Liability Copyright (c) 1998, The American Law Institute

Restatement of the Law, Third, Torts: Products Liability Copyright (c) 1998, The American Law Institute Restatement of the Law, Third, Torts: Products Liability Copyright (c) 1998, The American Law Institute Chapter 1 - Liability of Commercial Product Sellers Based on Product Defects at Time of Sale Topic

More information

ILLINOIS LAW MANUAL CHAPTER I CIVIL PROCEDURE. A statute of limitations is a statute establishing a time limit for suing in a civil case,

ILLINOIS LAW MANUAL CHAPTER I CIVIL PROCEDURE. A statute of limitations is a statute establishing a time limit for suing in a civil case, If you have questions or would like further information regarding Statutes of Limitations, please contact: Christopher Johnston 312-540-7568 cjohnston@querrey.com Result Oriented. Success Driven. www.querrey.com

More information

Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004

Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004 Australian Capital Territory Civil Law (Wrongs) (Proportionate Liability and Professional Standards) Amendment Act 2004 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New chapter

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

LIABILITY UNDER THE TEXAS TORT CLAIMS ACT. Sovereign Immunity

LIABILITY UNDER THE TEXAS TORT CLAIMS ACT. Sovereign Immunity LIABILITY UNDER THE TEXAS TORT CLAIMS ACT By: Richard Evans Staff Attorney Texas Municipal League Intergovernmental Risk Pool The King Can Do No Wrong Sovereign Immunity Under common law, state and political

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION-CIVIL

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION-CIVIL IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION-CIVIL FIRST FINANCIAL INSURANCE : June Term 2009 COMPANY, : Plaintiff, : No. 2231 v. : LIBERTY

More information

Declarations. INSU 2500 Chapter 9 CHAPTER 9. Common Elements of Insurance Contracts. Insuring Agreement Example

Declarations. INSU 2500 Chapter 9 CHAPTER 9. Common Elements of Insurance Contracts. Insuring Agreement Example Declarations INSU 2500 Chapter 9 October 10, 2006 Facts of Policy Usually first page of an insurance contract contains such things as: Identifies the insurance company Identifies the named insured Policy

More information

THIRD SUPPLEMENT TO THE GIBRALTAR GAZETTE No. 4,044 of 12th December, 2013 BILL FOR. 2. In this Act, unless the context otherwise requires

THIRD SUPPLEMENT TO THE GIBRALTAR GAZETTE No. 4,044 of 12th December, 2013 BILL FOR. 2. In this Act, unless the context otherwise requires THIRD SUPPLEMENT TO THE GIBRALTAR GAZETTE No. 4,044 of 12th December, 2013 B. 24/13 BILL FOR AN ACT to prohibit bullying and victimisation in employment and for connected purposes. ENACTED by the Legislature

More information

HARVEY KRUSE, P.C. BAD FAITH

HARVEY KRUSE, P.C. BAD FAITH HARVEY KRUSE, P.C. BAD FAITH Prepared By: Michael F. Schmidt P25213 HARVEY KRUSE, P.C. 1050 Wilshire Drive, Suite 320 Troy, MI 48084 (248) 649-7800 Fax (248) 649-2316 A. INTRODUCTION Subject to specific

More information

Agents E&O Standard of Care Project

Agents E&O Standard of Care Project Agents E&O Standard of Care Project Survey Maryland To gain a deeper understanding of the differing agent duties and standard of care by state, the Big I Professional Liability Program and Swiss Re Corporate

More information

The Modified Duty of Care for Ski Resorts and Recreational Landowners: A Case Note on Schneider v. St. Clair 1

The Modified Duty of Care for Ski Resorts and Recreational Landowners: A Case Note on Schneider v. St. Clair 1 The Modified Duty of Care for Ski Resorts and Recreational Landowners: A Case Note on Schneider v. St. Clair 1 Prelude By Robert C. McGlashan, McCague Borlack LLP In drafting the Occupiers Liability Act

More information

Reed Armstrong Quarterly

Reed Armstrong Quarterly Reed Armstrong Quarterly January 2009 http://www.reedarmstrong.com/default.asp Contributors: William B. Starnes II Tori L. Cox IN THIS ISSUE: Joint and Several Liability The Fault of Settled Tortfeasors

More information

ANSWER A TO QUESTION 8

ANSWER A TO QUESTION 8 ANSWER A TO QUESTION 8 Q-1 Torts Barb v. Adam Negligence Per Se - See under Breach. (defined intra) Crossing the double line - excusable NEGLIGENCE Negligence where a duty is owed and that duty is breached

More information

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE

Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL DISTRICT STANLEY MOSK COURTHOUSE VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA LOS ANGELES COUNTY CENTRAL

More information

Employment (Bullying at Work)

Employment (Bullying at Work) Employment (Bullying at Work) 2014-07 EMPLOYMENT (BULLYING AT WORK) ACT 2014 Principal Act Act. No. 2014-07 Commencement [LN. 2014/164] 18.9.2014 Assent 27.2.2014 Amending enactments Relevant current provisions

More information

1. Liability Coverage for Employees Driving State-Owned Cars

1. Liability Coverage for Employees Driving State-Owned Cars To: MTSU Community From: Office of the University Counsel Date: August 2, 2013 Re: Liability for Employee Auto Accidents 1. Liability Coverage for Employees Driving State-Owned Cars Although the State

More information

LIABILITY INSURANCE (with reference to Irish law and practice)

LIABILITY INSURANCE (with reference to Irish law and practice) LIABILITY INSURANCE (with reference to Irish law and practice) Syllabus for the 756 THE IRISH LEGAL SYSTEM AND CIVIL PROCEDURE outline the nature and organisation of the Irish legal system, including function

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

NEW YORK STATE BOARD OF LAW EXAMINERS

NEW YORK STATE BOARD OF LAW EXAMINERS NEW YORK STATE BOARD OF LAW EXAMINERS SAMPLE QUESTIONS FOR THE NEW YORK LAW EXAMINATION March 2016 Copyright 2016 New York State Board of Law Examiners The following questions are examples of the types

More information

Plaintiff moves the Court for judgment in the amount of. The question before the Court is whether the

Plaintiff moves the Court for judgment in the amount of. The question before the Court is whether the VIRGINIA : IN THE CIRCUIT COURT FOR THE CITY OF RICHMOND PARTICIA A. MCDUFFIE, Plaintiff, PROGRESSIVE NORTHWESTERN INSURANCE COMPANY, Case No.: CL06-5494-1 and Defendant, PROGRESSIVE CASUALTY INSURANCE

More information

Duty of Care. Kung Fu Instructor in Training Program. Shaolin Guardian Network

Duty of Care. Kung Fu Instructor in Training Program. Shaolin Guardian Network Duty of Care Kung Fu Instructor in Training Program Shaolin Guardian Network Negligence This civil wrong is most importance to all professional groups, as far as being a source of potential legal action.

More information

Public Liability Insurance

Public Liability Insurance Public Liability Insurance Canoeing Ireland provides Public Liability Insurance (also referred to as Third Party Liability Insurance) for individuals registered with Canoeing Ireland against liability

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

Motor Accidents Compensation Amendment Act 2006 No 17

Motor Accidents Compensation Amendment Act 2006 No 17 New South Wales Motor Accidents Compensation Amendment Act 2006 No 17 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Consequential amendments

More information

Employer Liability for Workplace Violence

Employer Liability for Workplace Violence Employer Liability for Workplace Violence I. Employer Liability under OSHA/MOSHA a. Employers must maintain a place of employment which is free from recognized hazards that are causing or are likely to

More information

Claims College School of Construction LEVEL 1

Claims College School of Construction LEVEL 1 Claims College School of Construction LEVEL 1 Construction Defect Liability Theories and Defenses Objectives At the end of this course, you will be able to: Describe the theories of liability and defenses

More information

A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring

A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring Prepared by the Job Opportunities Task Force and the Homeless Person s Representation Project For more information,

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 13-0776 444444444444 CHAPMAN CUSTOM HOMES, INC., AND MICHAEL B. DUNCAN, TRUSTEE OF THE M. B. DUNCAN SEPARATE PROPERTY TRUST, PETITIONERS, v. DALLAS PLUMBING

More information

Sports injuries & the law. An introduction to the law of negligence & occupiers liability

Sports injuries & the law. An introduction to the law of negligence & occupiers liability Sports injuries & the law An introduction to the law of negligence & occupiers liability 2 Defining the law of negligence Negligence Is a duty of care owed by D to C? Has D breached the duty of care owed

More information

Premise/ Livestock Liability Issues

Premise/ Livestock Liability Issues Premise/ Livestock Liability Issues Disclaimer This presentation is solely intended to provide legal information to the public. Nothing from this presentation is intended to provide legal advice. The legal

More information

An action brought against an attorney alleging negligence in the practice of

An action brought against an attorney alleging negligence in the practice of 5.51 LEGAL MALPRACTICE (Approved 6/79) CHARGE 5.51A Page 1 of 9 A. General Duty Owing An action brought against an attorney alleging negligence in the practice of law is referred to as a malpractice action.

More information

Liability. PL/Products & PI Efficacy Financial Loss- Fact or Fiction?

Liability. PL/Products & PI Efficacy Financial Loss- Fact or Fiction? Liability PL/Products & PI Efficacy Financial Loss- Fact or Fiction? Agenda Liability Definitions Where does PL/Products cover stop and PI cover start? Examples Efficacy Financial Loss What is it? Fact

More information

SUPREME COURT OF MISSOURI en banc

SUPREME COURT OF MISSOURI en banc SUPREME COURT OF MISSOURI en banc Robert E. Fast, M.D., et al., Appellants, vs. No. SC89734 F. James Marston, M.D., Respondent. APPEAL FROM THE CIRCUIT COURT OF BUCHANAN COUNTY Honorable Weldon C. Judah,

More information

Joint and Several Liability Under Texas Tort Law

Joint and Several Liability Under Texas Tort Law Joint and Several Liability Under Texas Tort Law By Frank Vlahakos and Fred A. Simpson This article points out some recent changes in the basic requirements to establish a defendant s joint and several

More information

What purposes are served by the doctrine of vicarious liability? Are these purposes adequately reflected in the current law?

What purposes are served by the doctrine of vicarious liability? Are these purposes adequately reflected in the current law? What purposes are served by the doctrine of vicarious liability? Are these purposes adequately reflected in the current law? Vicarious liability is a system whereby A is liable to C for damage caused to

More information

2. Elements of the Product Liability Tort Claim

2. Elements of the Product Liability Tort Claim 1. THE PRODUCT LIABILITY TORTS A. The Strict Product Liability Doctrine In the 1960 s, the American Law Institute drafted and adopted Restatement (2d) of Torts 402A. This section states: (1) One who sells

More information

FEBRUARY 1997 LAW REVIEW MOLESTATION LIABILITY EXAMINES SCOPE OF EMPLOYMENT & FORESEEABILITY. James C. Kozlowski, J.D., Ph.D. 1997 James C.

FEBRUARY 1997 LAW REVIEW MOLESTATION LIABILITY EXAMINES SCOPE OF EMPLOYMENT & FORESEEABILITY. James C. Kozlowski, J.D., Ph.D. 1997 James C. MOLESTATION LIABILITY EXAMINES SCOPE OF EMPLOYMENT & FORESEEABILITY James C. Kozlowski, J.D., Ph.D. 1997 James C. Kozlowski In determining agency liability for sexual molestation by its employees, an employer

More information

Darryl S. Weiman, M.D., J.D.

Darryl S. Weiman, M.D., J.D. By Darryl S. Weiman, M.D., J.D. Federal Tort Claims Act Passed by Congress in 1946 to reduce the negative impacts of the doctrine of sovereign immunity Designed to eliminate the practice of congressman

More information

TORT LAW CONCEPTS FOR REGULATORS

TORT LAW CONCEPTS FOR REGULATORS TORT LAW CONCEPTS FOR REGULATORS What is a Tort? A legal construct only exists when the law says it exists A private or civil wrong or injury Primary purpose is to compensate person injured by the actions

More information

Session 30. Tort Law 2 Negligence and intent

Session 30. Tort Law 2 Negligence and intent Session 30 Tort Law 2 Negligence and intent Negligence and intent Negligence occurs when the following three conditions are satisfied The action is unintentional The action is unplanned An injury results

More information

Senate Bill No. 292 Senator Roberson

Senate Bill No. 292 Senator Roberson Senate Bill No. 292 Senator Roberson CHAPTER... AN ACT relating to civil actions; providing immunity from civil actions for a board of trustees of a school district or the governing body of a charter school

More information