SMG LA 245 Chapter Notes - Chapter 6.4-End: Res Ipsa Loquitur, Intentional Tort, Punitive Damages
Document Summary
Duty of due care test is foreseeability if the defendant could have foreseen injury to a particular person, she has a duty to him. Case: hernandez v. arizona board of regents automobile accident while drunk. Crime and tort: landowner"s liability assault is an intentional tort. Aa defendant breaches his duty of due care by failing to behave the way a rea- sonable person would under similar circumstances. (reasonable person means some- one of the defendant"s occupation). Factual cause if defendant"s breach physically led to the ultimate harm, it is the factual cause. Foreseeable type of harm superseding cause, let the defendant off the hook. Injury the plaintiff must persuade the court that he has suffered a harm that is genuine, not speculative. Damages compensatory damages, (sometimes punitive damages, money not intended to compensate the plaintiff but to punish the defendant) Contributory negligence even assuming the defendant is negligent if the plaintiff is even slightly negligent himself, he recovers nothing.
