Demand for chattel back, unless such demand would be futile Must use reasonable force (no deadly force) Bonkowski v. Arlan’s Department Store shopkeeper’s privilege shopkeepers must be able – – tone privileged to detain for reasonable investigation a person whom one reasonably beieves t have taken chattel wrongfully A person is privileged to enter reasonably onto the land of another to remove a chattel Necessity Surocco v. Geary pubic necessity permit defendant, acting as the champion of the public to – – destroy, damage, or use the real or personal property of another as long as the defendant reasonable believes that doing so is necessary to avert an imminent public disaster Complete defense full shield from liability – Vincent v. Lake Erie Transp. Co. private necessity allows defendant to commit intentional – – tort, but defendant remains liable for any actual damages he causes in doing so Justification privilege (last resort) Parvi v. City of Kingston privileged to commit a tort if: – Reasonable under circumstances To prevent plaintiff from inflicting personal or property injury Done not for unlawful purposes Negligence R2T 291 unreasonable risk is one which a reasonable person would recognize as involving as – risk of harm to another Facie Duty (Standard of Care) Act as a reasonable prudent person in the same of similar circumstances Breach Nonconformity to the standard of care Causation Causation in fact AND Proximate/Legal Causation Harm Actual loss/damages No nominal damages Factors Lubitz v. Wells intentional torts and negligence are mutually exclusive – Chicago v. Krayenbuhl must strike balance the public good and benefits of a particular – dangerous action with the danger inherent in performing that action US v. Carroll Towing Learned Hand formula of Duty – B < P x L = Liable B = burden of precaution P = possibility of risk L = magnitude of harm Conway v. O’Brien negligence” - failure to exercise care that even a careless person – “gross would exercise
Demand for chattel back, unless such demand would be futile Must use reasonable force (no deadly force) Bonkowski v. Arlan’s Department Store – shopkeeper’s privilege – shopkeepers must be able tone privileged to detain for reasonable investigation a person whom one reasonably beieves t have taken chattel wrongfully A person is privileged to enter reasonably onto the land of another to remove a chattel Necessity Surocco v. Geary – pubic necessity – permit defendant, acting as the champion of the public to destroy, damage, or use the real or personal property of another as long as the defendant reasonable believes that doing so is necessary to avert an imminent public disaster Complete defense – full shield from liability Vincent v. Lake Erie Transp. Co. – private necessity – allows defendant to commit intentional tort, but defendant remains liable for any actual damages he causes in doing so Justification privilege (last resort) Parvi v. City of Kingston – privileged to commit a tort if: Reasonable under circumstances To prevent plaintiff from inflicting personal or property injury Done not for unlawful purposes Negligence R2T 291 – unreasonable risk is one which a reasonable person would recognize as involving as risk of harm to another Facie Duty (Standard of Care) Act as a reasonable prudent person in the same of similar circumstances Breach Nonconformity to the standard of care Causation Causation in fact AND Proximate/Legal Causation Harm Actual loss/damages No nominal damages Factors Lubitz v. Wells – intentional torts and negligence are mutually exclusive Chicago v. Krayenbuhl – must strike balance the public good and benefits of a particular dangerous action with the danger inherent in performing that action US v. Carroll Towing – Learned Hand formula of Duty B < P x L = Liable B = burden of precaution P = possibility of risk L = magnitude of harm Conway v. O’Brien – “gross negligence” - failure to exercise care that even a careless person would exercise
duncantorts2011.docx