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Torts II

Torts II. Durham v. HTH Corp. 1) Facts 2) Legal rule 3) Analysis 4) Conclusion. Strict liability. Abnormally dangerous activities (not common usage ) Intrusion by livestock ( only neighboring property & not highway accidents ) Wild animals Abnormally dangerous domestic animals

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Torts II

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  1. Torts II

  2. Durham v. HTH Corp. • 1) Facts • 2) Legal rule • 3) Analysis • 4) Conclusion

  3. Strictliability • Abnormallydangerousactivities (not common usage) • Intrusion by livestock (onlyneighboringproperty & not highwayaccidents) • Wild animals • Abnormallydangerousdomestic animals • Foodproducts • The ScaffoldAct (NY) • Worker’scompensation (NY)

  4. Interferencewith business relations • 1) a valid contractexistsbetweentwoparties/a business relation is abouttobeingformed • 2) a third person knowsabout the contract/the future business relation • 3) the third person intentionallycausesoneof the partiestobreach the contract/diverts the business away from plaintiff • 4) Causation • 5) Damages

  5. BMW v. Gore • 1) Facts • 2) Legal rule • 3) Analysis • 4) Conclusion

  6. Vicariousliability • Respondeatsuperiordoctrine • Liability for torts • No intentional torts except: • 1) Authorized • 2) Nature ofemployment • 3) Desireto serve employer • In NY- no punitivedamagesunless: • 1) grosslynegligent • 2) general management • 3) authorization or ratificationof tort

  7. Edgewater Motels v. Gatzke • 1) Facts • 2) Legal rule • 3) Analysis • 4) Conclusion

  8. Vicarious liability • Independent contractors: • No liability except: • Duties to invitees • Inherently dangerous activity • Car owners: • Liable for drivers w/permission (NY) • Parents: • No liability unless negligence except: • Intentional property torts by children over 10, max 5K (NY), no immunity for ordinary negligence (NY)

  9. Vicarious liability • Restaurants etc.: • Dram shop acts if serving alcoholic beverages • Municipal authorities: • Immunity when performing governmental functions, no immunity when proprietary capacity • Written notice to be filed within 90 days!

  10. Negligent & intentional infliction of emotional distress Mental distress & physical damage Mental distress & intentional torts: reckless, severe, outrageous Mental distress & negligent torts Pre-existing relationship: • Mishandling of corpse, news about death, fiduciary duty Bystander’s case: • Zone of physical danger & directly causes emotional distress likely to result in physical consequences + results in physical harm • Plaintiff at the scene + close relative + zone of danger (NY)

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