Wednesday, December 21, 2005

Outline - Torts - IV - Transition - Intent and Liaiblity

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
  1. Strict Liability – “If you act, and your act causes harm, you pay.”
    1. Harboring wild animals
    2. Product liaiblity
    3. Engaging in especially dangerous activities
  2. Negligence - “If you act, and your act causes harm, and you acted unreasonably under the circumstances, you pay.”
  3. 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:

Anonymous said...

what about torts acted on indian reservation that claims sovereign immunity

Bruce said...

For that you'd have to consult constitutional law, probably.