Torts Breach

Question 1

informed consent

Answer 1

All doctors must treat only with informed consent. This is to say that they have disclosed all information material to a patient making an informed descion concerning treatment, including all reasonable alternatives and their probable risks and outcomes. Appreciates patent autonomy

Question 2

how to establish causation for an informed consent claim

Answer 2

either a patient must show it is more likely than not they would have chosen a different treatment. We could also ask what a reasonable person in the patients position would have done.

Question 3

[Duty/breach] To establish a standard of care for doctor, what must plaintiff do?

Answer 3

Present testimony of doctor with knowledge training or experience in the procedure involved.

Question 4

What duty do doctors owe to patients?

Answer 4

Doctor must exersize the same degree of care toward their patients as is commonly exersized by other members of the profession who are engaged in the same type of practice.

parenthesis in the same or similar locality

Question 5

four couples smoking in hotel room fire started shortly after. They got RIL’ed but won.

Answer 5

Knobbe

Question 6

Ybarra

Answer 6

states that it can be shows that res ipsa Loquitor can be argues against multiple defendants

Question 7

What does res ipsa loquitor do?

Answer 7

allows one to push the burden of evidence onto defendants

Question 8

Chair gets thrown from hotel, guy tries to res ipsa loquitor. Court says no, since we have no affirmative reason to think any hotel employee or guest in specific threw it

Answer 8

St. Francis hotel

Question 9

When can we res ipsa loquitor

Answer 9

when the accident is of a type that ordinarily wouldn’t happen without negligence and the instrumentality that caused the injury is entirely in the control of the defendants(s)

Question 10

Which case did we learn rei ipsa loquitor from?

Answer 10

Ybarra

Question 11

5 excuses for not complying with a statute.

Answer 11

Violation is reasonable in light of their childhood, physical disability, or physical.

Actor exersizes reasonable care in attempting to comply with a statute

actor neither knows, nor should know of the factual circumstances that render the statute applicable

Violation of the statutre is due to the confusing way in which the requirements of the statute are presented to the public

Actors compliance with the statute would involve greater risk of harm than non compliance (FIND WHAT CASE)

Question 12

3 examples of subgroups typical to be compared against instead of ordinary reasonable person

Answer 12

Physical(NOT mental) disability

Children 6 or below cant breach, however children around age 8 are compared to ordinary child of similar age

common carriers(not in NY)

Question 13

[breach] what to know about ordinary person reasonable person standard

Answer 13

Lawyer can argue that defendants conduct should be assessed by the hypothetical conduct of a subgroup

Question 14

Constructive notice of a dangerous condition(landowner)

Answer 14

Condition existed for a suffience lenght of time that reasonable defendant would have noticed and corrected it.

Question 15

Notice for landowners

Answer 15

Defendant needs actual notice or constructive notice of the dangerous condition

Question 16

Hand formula

Answer 16

negligence if

Magnitude of loss occurs * probability of the accident occuring = the burden of the precautions against the accident

Question 17

What question to ask for breach

Answer 17

Do they have notice

What is the duty?

Is there a customary practice

Is there faliure to comply with a statute

Is res ipsa loquitor an option?

Question 18

3 exceptions for burden of proof on defendant for cause

Question 19

Zukowitz takeaway

Question 20

Theories of causation for multiple defendants

Answer 20

Joint tortfeasors
Acting in concert
Alternative Liability (Summers v Tyce)
Market share liability in an extreme case

Question 21

Joint tortfeasors

Question 22

Acting in concert

Question 23

Alternative liability

Question 24

Market share liability

Question 25

Proximate cause

Answer 25

An actors liability is limited to those harms that result from risks that made the actors conduct negligent.

Question 26

Intervening causes vs superseding cause

Answer 26

Element 1
and;
Element 2

Question 27

eggshell plaintiff rule

Answer 27

Actor is liable for all harm that his negligence causes to another, even if the physical condition of the other makes the injury greater than could reasonably forseen