1st week of Notes
1st week of Notes 5418 Torts
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This 4 page Class Notes was uploaded by Tim Ferguson on Monday February 9, 2015. The Class Notes belongs to 5418 Torts at University of Houston taught by Sanders in Fall. Since its upload, it has received 124 views. For similar materials see Procedure in Law and Legal Studies at University of Houston.
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I'm pretty sure these materials are like the Rosetta Stone of note taking. Thanks Tim!!!
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Date Created: 02/09/15
1120115 Introduction 0 Basically the last of 39Common Law 0 DIVIDED INTO 3 categories INTENTIONAL TORTS Applicable where an individual INTENDED the harm on the other 0 Battery tort punching someone in the face Not intentionally but accidently where the person DID NOT behave in a way they should have or like a 39reasonable person 0 Negligence is the PRIMARY tort in this category STRICT LIABILTY Behaved correctly but still did 0 The Aims of the Law of Torts FOUR GOALS OF TORTS 0 Prevention of selfhelp by victims and their relatives and friends against those who have caused injury something wrong PRODUCTS LIABILTY Retribution against wrong doers Deterrence of wrongdoers 0000 primary goal like they used to think If compensation is our goal then there are 3 ways for society to try and organize WHAT TO DO 0 Decide to compensate ONLY in the presence of fault o FAULT based system Causebased system 0 Must ne cause Losspay system 0 Don t care if there was a fault JUST pay fortheloss Roberson v Rochester Folding Box Co a NY COA 1902 o FACTS 2 defendants Boxing Co and Milling Co 0 Use girl s photo as advertisement on box 0 Her friends make fun of her 0 Seeks DAMAGES and an injunction against further distribution of her images 0 Issue Is there an invasion of privacy 0 Procedural History 0 Trial Court Girl WINS Compensation for the victims of the wrongdoers MOST scholars today say that compensation is NOT the o COA N0 There is no Cause of Action for invasion of privacy 0 It does matter HOW they got their photo 0 Bc if it was NOT stolen then she KNEW they were using the photo 0 Bc the company could have given 20 to her for the photo a This case is a LOT about PROPERTY 0 COURT talks about property while the GIRL was talking about EMOTIONAL DISTRESS o The picture he showed us from cover or TIME magazine With lady standing over dead student 0 Both NE W5 WORTHY and FOR PROFI 0 These examples shows the ANXIETY this court has with drawing a line for WHEN to provide a remedy for a picture of this type 0 THIS COURT judge Parker s opinion 3 concur 0 Doesn t want to do anything UNLESS there is some PRECEDENT supporting the decision Wants to argue from CASE TO CASE 0 Find a case that kin to this case on the essential facts 0 Went through 4 opinions to try and nd a case like this to see if there is a case that is 39kin to this case 0 Notes after case 0 NY legislature GAVE people the right to their picture in certain aspects 0 TORTS OF PRIVACY has several categories This case was aboutone quotA right of publicityquot A right to the bene ts 0 Judge Gray DISSENTS 2 concur Society brings new situations in which you make a ruling on Just bc no precisely analogous PRECEDENT doesn t mean you cant rule on it If that was the case then courts could avoid a LOT of cases dealing with new technology values societal norms etc Thinks that Rosenburg has the same protections to her property photo as a writer does his or her literary content If she would have posed or purposely had the photo taken then she concedes her rights but she did not Therefore the value is hers exclusively until it is granted away to the public 12115 Historical Development of the Modern Law of Torts Most of Modern Tort Law evolved from 39Trespass and Trespass on the case 0 Scholars have debated on WHENHOW trespass came about 0 Trespass was considered to be the appropriate remedy when the P alleged he had been injured as the IMMEDIATE result of some conduct on the party of the D o Trespass on the case was where a P s injury was merely a consequential effect of the D s activities 0 Example A tree is cut down If the tree hits someone on its way down it would be considered respass39 If the tree falls and some time after a traveler trips and falls and gets hurt it is trespass on the case Scott v Shepherd Supreme Court 1987 Firework thrown into a marketplace by Shepherd which is kicked by 2 other people and hurts Scott 0 ShepherdYatesRyalScott Trespass or trespass on the case 0 Opinion is 21 trespass 2 things from case This was fundamental difference in English Tort Law 0 Nowadays you would not divide this into categories of tort Looks like the judges DISAGREED about the law but DISAGREED about the FACTS o The actions that the two intervening people took to get rid of the 39firecracker Notes after case Was the writ of trespass a STRICT LIABILITY writ o If you did something that immediately hurt someone regardless if you meant to or not you are liable Important bc if YES then no matter what Shepherd has a suit bc he was injured as an immediate result from Ryal If not then the person who threw it at Scott did NOT mean to so NOT liable Pleading an af rmative defense D admitted that there had been a battery THESE cases say that back then STRICT LIABILTY was not relevant bc then Ryal would be liable after admitting an affirmative defense 0 Back then the PLEADINGS meant everything If not correct then could not try in court And did not pay attention much to the facts Nowadays MAINLY about the facts and not the pleadings
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