1. CIVIL LAW
Unintentional Torts

2. Unintentional Torts Negligence Special Types of Liability
Strict Liability
Occupiers’ Liability
Vicarious Liability

3. Negligence
Negligence is careless conduct that causes foreseeable harm to another person
Must Prove:
Duty of care
Breach of Duty
Causation
Damages

4. Duty of Care
You owe a duty to foresee and avoid actions that might cause harm to others.
FORESEEABILITY is key
Palsgraf v. Long Island Railroad Co.
Also looked at as “remoteness”

5. Breach of Duty of Care
Standard of care is the degree of caution a reasonable person in your position would exercise
reasonable person

6. Causation The breach must be the “cause-in-fact” of the damages
Cause and effect = the “but for” test
Must not be too “remote”, no “intervening act”

7. Damages Defendant is liable for all damages caused by negligence
“Thin skull rule” - Take your victim as you find them
“Crumbling skull rule” - Only liable for hastening of deterioration
Contributory negligence

8. Negligence Social and commercial hosts
Read Childs v. Desmorneaux on p. 428

9. Negligence Questions Read Donoghue v. Stevenson on p. 418
Read Smith v. Tucker on p. 422
What principle does the court seem to apply in denying the plaintiff’s claim?
Do questions 1-8 on p.425 and turn in

11. Special Types of Liability
Occupiers’ Liability
Vicarious Liability
Strict Liability

12. Occupiers’ Liability
Invitees & Licencees -- must ensure property is reasonably safe and warn of dangers
Trespassers -- must not set traps or create deliberate dangers or act with reckless disregard
Children -- reasonable precautions to protect from allurements

13. Vicarious Liability
Employers are liable for the negligence of employees acting within the normal course of their duties

14. Strict Liability
At common law, if you bring something dangerous and non-natural onto your property and it escapes and causes damage, you are liable.
Rylands v. Fletcher (man-made lake)
Read Cowles v. Balac, African Lion Safari Ltd. on p. 433.

15. Questions p. 404 -- Questions 1-4
Louis Vuitton case on p Questions 1,3,4
pp Questions 5, 6, 7, 12, 13
Cases on p.411 & 414

16. Why can you sue? Breach of Contract Tort Equitable Remedy
Statutory Standing (e.g. Family Law)