This lesson considers the differences between the various comparative fault schemes found in different jurisdictions. It begins by considering in what respects the plaintiff's conduct is being compared with the defendant's conduct. Next, it introduces students to the three main types of comparative fault schemes before going on to illustrate when and how they lead to different results, with particular reference to aggregation of defendants' fault.
Read moreThis lesson deals with the respective roles of judge and jury in deciding a torts case. It considers the procedural devices used (primarily by defendants) in an attempt to keep the case away from the jury and to provide the basis for an appeal.
Read moreThis lesson covers the area traditionally known as "negligence per se." The problem of when can a civil or criminal statute be used as the standard of care in negligence cases is the primary matter discussed. The lesson gives some special attention to the "Dram Shop" example.
Read moreThis interactive exercise addresses the topic of consent as a privilege or defense to various intentional tort claims. It begins with a consideration of how consent is determined to exist and then explores various applications of the defense in contexts such as medical encounters and sporting events. Consideration is given to how the courts have utilized the concept of consent in balancing the competing interests of the plaintiff and the defendant in relation to overarching policy goals.
Read moreThis lesson gives the student familiarity with contributory negligence, a defense to a negligence claim, and also with last clear chance, a "defense" to the defense. While these doctrines today are on the wane, students should be generally familiar with them for a full understanding of negligence and comparative negligence.
Read moreThe Right of Privacy, much like defamation, raises serious Constitutional issues. Those issues arise, primarily, with the tort of Public Disclosure and False Light. This lesson discusses the details raised by that Constitutional problem.
Read moreThis lesson covers the traditional negligence standard of care for children. It, of course, deals with the exceptional circumstances of when the adult standard applies to children. In addition, the lesson covers other diminished capacity examples, such as mental illness, physical disability, and intoxication.
Read moreThis lesson explores the cause of action of conversion as a means of compensation for intentional interferences with personal property. It will examine the several components of interest, invasion, conduct and remedy as the conceptual vehicles for study. Each section of the lesson will focus on one of these components, present the theory, and then give the student an opportunity to apply the theory or explore some of its ramifications.
Read moreStrict liability for dangerous activities began with the English case of Rylands v. Fletcher. The First Restatement and the Second Restatement both contained provisions for a similar form of such strict liability and such liability is widely recognized in the United States. This lesson explains and uses examples to explain and then compare and contrast those different theories. In addition, this lesson covers the basic limitations on that form of strict liability.
Read moreStrict liability for animals is one of the oldest forms of strict liability in tort law. The topic concerns the problems that arise with both trespassing animals and attacking animals. This lesson discusses and illustrates the rules that apply to that area.
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