For Test
• Use cases to your advantage-This is the rule of the case and this is
where they drew the line and we are on this side of the line.
• Think, Creativity and Analysis is what the Final is going to be graded
on.
Negligence
Elements:
• Duty
• Breach
• Causation
• Damages
• Based on the objective standard of reasonableness:
• Going to use reasonableness and foreseeable when talking
about this
Lubitz v. Wells p 135
Facts:
• DF’s dad left golf club lying in the backyard. DF and PL were playing
when DF picked up the club and went to hit a rock. Instead hitting
the PL about his jaw and chin
• This case is focused on the father being negligent (he left a club
lying in the yard) even though they also sued the son for negligent
as well (swung the club without looking or warning his playmate)
• Negligence: What a person did or didn’t do when they had a duty to
do it.
• Compliant was dismissed
• The court held that the golf club was not obviously and intrinsically
dangerous that it was negligent to leave it lying on the ground in
the yard.
Blyth v. Birmingham Waterworks Co. p 136
Facts:
• Defendant was hired by the city to lay pipe for a water main. The
pipes were built out of materials, which were sound and in good
order. After 25 years, one of the most severe storms created frost
on the stopper, which caused the water to force its way around the
neck of the main, and on the ground into Plaintiff’s house.
• The judge left it to the jury to consider whether Defendant had used
proper care to prevent the accident to Plaintiff’s house. The jury
found a verdict for Plaintiff. Defendant appealed.
• DF was not guilty because it was an accident
Torts-Hill
