Torts Outline
Exam Tips:
Use IRAC (not IC)
State the issues
·
· Give the facts
· List applicable rules and factors for determining if the rule/exception applies
· Conclude based on you analysis
· Articulate alternative Jurisdictional rules
· If the court follows this rule, then…
· Articulate alternative Jurisdictional rules
· If the court follows this rule, then…
Duty of Reasonable Care
I. Reasonably Prudent Person Standard
I. Decision for Who?
1. Jury decides how a reasonable person would act under the circumstances==OBJECTIVE standard
2. Expert witnesses cannot testify as to what reasonable would be
II. What goes into consideration of reasonableness:
Foreseeability of type of Harm Caused
Availability of Precautions to prevent the harm caused
Probability of the type of Harm Caused
Severity of the Harm
Social Utility of the conduct when breach occurred
Economic Cost Benefit Analysis
III.General Rules that apply to Reasonable Person Standard
1. Economic Cost-Benefit Analysis: THE LEARNED HAND FORMULA
If burden of prevention is greater than the value of prevention (probability of loss x loss) then it is not reasonable to act in a way that would prevent harm
If B < P x L = then you must act to prevent
II. Standard will NOT change for:e
I. Mental Disabilities
i. In these circumstances you still have to look at circumstances
1. Plaintiff relationship to mental person
2. Reasonable foreseeability of harm to the plaintiff
3. Public policy concerns
a. Policy supports handicapped taking measures (like nursing homes and such) towards preventing them from causing harm
II. Voluntary incapacitation (intoxication)
III. Insanity
When previously known about
IV. Old age
III. Standard WILL change for:
I. Physical disabilities
i. Standard changes to: Must use Standard of Reasonable care that a person WITH THE SAME DISABILITY would use in the circumstances
1. Encourages physically disabled to use aids to assist
a. Ex: seeing eye dog or cane for blind people
b. Hearing aids for deaf…
Note: standard does not change for mentally disabled
II.AGE–Children
i. Jurisdictional Approaches
“Like age, Intelligence, and Experience” Rule
a. Standard of how a reasonable child (of like age, intelligence, experience) would act in the same circumsta
skills/ attention/judgment that the actor POSSESES
ii. Superior knowledge/skills plays into the TOTALITY of the circumstances
iii. Policy reasons:
Reasonable person establishes a MINIMUM standard
If raised for superior knowledge, this helps to further decrease accidents
When the Standard is not actually changed but Circumstances Change
Emergencies
Standard is Reasonable Care under the circumstances of the emergency
Emergency should be taken into totality of circumstances
So does not actually change standard
Just how would a reasonable person act in same Emergency Situation
Reasonable driving v. reasonable driving while in an emergency situation
Special Issues :
