Torts (2005 Fall)
IV. TRANSITION - INTENT AND LIABILITY
Human interaction | Acts of God/Nature | ||||
Intentional harm (knowledge) | Reckless- ness |
Unintentional harm | "Unavoidable accident" | Acts of Nature | |
Intentional torts | Some intentional torts | Negligence | Strict liability | No liaiblity | No liability |
- Strict Liability – “If you act, and your act causes harm, you pay.”
- Harboring wild animals
- Product liaiblity
- Engaging in especially dangerous activities
- Negligence - “If you act, and your act causes harm, and you acted unreasonably under the circumstances, you pay.”
- Spectrum of Liability
“A” Default:
If you act, and your act causes harm, you are presumptively liable←
Greater liability→
Less liability“B” Default:
Let losses lie where they fall; no duty
2 comments:
what about torts acted on indian reservation that claims sovereign immunity
For that you'd have to consult constitutional law, probably.
Post a Comment