Term
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Definition
White v. U of I
Piano teacher touched student, caused personal injury.
University not liable for intentional torts under Idaho Tort Claims Act. |
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Term
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Definition
Athay:
Officer pursued speeder across lines, hit another officer at high rate of speed.
Must know of high probability of danger and continue activity |
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Term
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Definition
Stevens v. Fleming
Fire in D's restaurant caused tenant to die.
Was not required to meet fire code.
Not violating law does not exclude tort liability.
Should have made safe. |
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Term
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Definition
Lewiston car wreck while bringing wife medicine
Trip half personal half work related.
Vehicle used for work duties.
Substantial Deviation |
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Term
| Substantial Deviation - Vicarious Liability |
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Definition
| Deviating from usual path while on business trip. |
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Term
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Definition
| Knowledge of substantial risk of harm, continuation. |
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Term
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Definition
Kuntz:
Dam broke causing damage. No Negligence, but Power company was liable for all damage resulting from water. |
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Term
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Definition
Louie v. Bamboo Gardens.
Worker shot while preforming duties, employer liable. |
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Term
| Duty - Arising from creation of risk |
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Definition
Wilson v. Boise
Canal overflowed damaging P's land.
D acted, that act had a likelihood of causing harm. Must act with due care to avoid risk. |
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Term
| Duty owed by a landlord to tenant |
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Definition
McKinley v. Fanning
Ice in front of restaurant
Tenant no control of situation, poorly built roof onto public sidewalk. |
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Term
| Negligent infliction of Emotional Distress - Direct |
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Definition
| Husband of sick wife removed from RR car. Contractional relation - Emotional claim parasitic to contract violation. |
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Term
| Negligent infliction of Emotional Distress - Percipient Witnesses |
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Definition
| Someone who perceives an injury but does not actually see it can collect if they are a close relation, and if they arrive at the scene before changes have occured. |
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Term
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Definition
Craig v. Gellings
Car accident victim died before judgment from unrelated cause. Dismissed
Cause of action dies with person with action |
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Term
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Definition
Russell v. Cox
Husband shot wife, wife could not have brought action.
Parents can. Death of wife separated estate, allowed suit. |
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Term
| Consortium - Brother/ Sister |
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Definition
Kelly v. Lemhi Irrigation
Brother died, sister sued.
Substantial enough relationship w/brother to sue. |
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Term
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Definition
Hepp v. Ader
Wife died in car accident, defence requested proof of value of lost services.
Do not need to prove damages from loss to collect. |
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Term
| Wrongful Death - Economic Loss |
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Definition
Girl crushed at Home depot,
Sued for loss of future losses |
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Term
| Economic Loss - Infinite Liability |
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Definition
Just's
Idaho Falls renovation,
Company sued for taking longer then promised. Who is next? Suppliers etc. |
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Term
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Definition
| Taco Time - Electrical install caused fire, was not pure economic loss as the subject of the transaction, the electrical install, therefore the loss was parisidic to PD |
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Term
| Economic Loss - A Lifeline |
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Definition
| International Harvester - Torts must be limited to not devour contracts. Torts and contracts are risk allocation devices. Leave torts for only where contracts fair to deliver. |
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Term
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Definition
| Loss that is purely financial, with no property damage, and no personal injury. |
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Term
| "Pure" Economic Loss - Shoddy goods |
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Definition
| Taylor v. Herbold - Contracted to buy potatoes didn't pick them up. Not torts , Left to contract |
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Term
| "Pure" Economic Loss - No privity |
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Definition
| No Duty when purchaser sued remote manufacturer. |
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Term
| "Pure" Economic Loss - Poor Service |
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Definition
| Strong v. Western Telegraph - Telegraph message sent with wrong price, service offered as public utility, Duty to send messsage without errors. |
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Term
| Economic Interests - Professional Services |
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Definition
| McAlvain v. General Insurance - Insurance agent/ Real Estate agent didn't increase insurence when asked. Held itself out as a professional service with specialized knowledge. |
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Term
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Definition
| Be reasonable, If you are not reasonable and you hurt someone you will be liable. |
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Term
| Strict liability - Definition |
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Definition
| Strict liability is a tort that neither stems from negligence nor intent, but comes from a failure to make something absolutely safe, with the liability to do so. |
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Term
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Definition
| Man ran his car into a bike shop while having a medical episode. Court held that not liable for injuries caused by medical conditions. |
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Term
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Definition
| The legal determination that one person is obligated to act in a manner to avoiding the legally protected interest of another. |
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Term
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Definition
| Personality, Property, Relationship |
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Term
| Personality interest definition |
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Definition
| phyisical and emotional integrity |
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Term
| Property Interest definition |
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Definition
| Physical integrity of property as well as the use and enjoyment of that property. |
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Term
| Relational Interest Definition |
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Definition
| Family, social, and political relationships. |
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Term
| Source of Duty - Definition |
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Definition
| Where does the duty come from? Why does one person have a responsibility to protect another. |
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Term
| Scope of Duty - Definition |
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Definition
| What standard of care is required to protect the interests of another? |
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Term
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Definition
| When a person acts (Misfeasence) and that act has a reasonable likelihood of causing harm, that person must act with due care to avoid that harm. |
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Term
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Definition
| When the action one does has the possibility of harming someone and knowledge of that possible harm is reasonable apparent. |
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Term
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Definition
| The law requires that if you take an action for your benefit, that you prevent injury to others. |
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Term
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Definition
| The law does not require action, for example you can watch a blind man walk off a cliff, and the law does not require you to stop them. |
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Term
| Non-feasence - Voluntary assumption of Duty |
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Definition
| When someone takes responsibility for someone they assume a duty to that person. Example is kid beat up, friend took him, put ice on his head, the dropped at grandparents home, friend had assumed a duty to injured party. |
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Term
| Non-feasence - Special relationships 3rd party |
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Definition
| When a special relation exhists between parties, the law requires action to prevent harm. For example a doctor who learns of a plan to murder a person, he has a duty to warn said person. Tarasoff |
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Term
| Non-feasence - Special relationships Custody |
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Definition
| When a person has custody over another they have a duty to protect the person. Fore example a bus driver has a duty to protect his passengers from harm. Broken down bus case where passengers got a ride from a passerby and were injured. |
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Term
| Non-feasence - Public callings |
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Definition
| Common carriers - INEL bus, person injured. Had a duty to act as they were acting as a common carrier. |
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Term
| Non-feasence - Professional callings |
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Definition
| Accounts and insurance agents. Council insurance agent who did not change policy, liable for rest of damages. Held itself out to the public. |
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Term
| Non-Feasence - Utility companies |
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Definition
| Case where P was injured during power outage. No relation or knowledge of person, therefore no duty. Unlimited liability. |
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Term
| Statutes as source of Duty |
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Definition
| Specifies negligence per sa with statue. P must be of the class the statute meant to protect and the injury must be what the statue was attempting to remedy. Example is train case with ringing the bell. |
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Term
| Scope of Duty - General rule |
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Definition
| Misfeasence - Must act with due care. IDJI 2.20 |
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Term
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Definition
| Person who comes onto land to confer tangible benefit to land owner. Example is customer coming into store. |
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Term
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Definition
| When the general public is invited. Ex: Public speech open to the public. |
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Term
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Definition
| A business open to the public, who invites customers to buy good and services. |
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Term
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Definition
| Must take reasonable steps to prevent dangers that the owner of the property knew or should have know of. |
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Term
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Definition
| Someone who comes onto property with permission but who does not confer a tangible benefit. Example is a social guest. |
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Term
| Liscencee - Scope of Duty |
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Definition
| Must warn liscencee of known dangers, there is no requirement to act to prevent injury. |
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Term
| Trespasser - Scope of Duty |
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Definition
| There is no duty owed to undiscovered trespassers. |
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Term
| Special Relationship - Plaintiff-Defendant |
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Definition
| Where there is a direct relationship between the plaintiff and the defendant. Plaintiff is the benificiary |
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Term
| Special Relationship - 3rd Party |
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Definition
| No direct relationship between plaintiff and Defendant. Relationship is through third party. Doctor/ Victim case. |
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