BCOR 3000 1nd Edition Lecture 9 Outline of Last Lecture I Unintentional Tort II Negligence III Defenses Outline of Current Lecture i Negligence Issues ii Strict Liability iii Online Defamation iv What is a Contract v Contract Law Sources vi Contract Freedoms vii Lucy v Zehmer Case viii Contract Basic Requisition Current Lecture Negligence Issues Res Ipsa Loquitur means the thing speaks for itself Ex Sack of Flour falls on someone s head and injures them did not see where it came from but the plaintiff knows that there had to be a negligent conduct for the negligence to happen They do not have to prove exactly what happened Negligence per se in and of itself if you violate a law designed to prevent harm risk you do not get to make the argument that even though you violated the law it was safe under these circumstances Ex Pearl Street Mall doesn t allow bikes to be driven on it if you injury someone you are completely at fault no arguments may be made These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Danger invites rescue doctrine If you create a risk or circumstance that will lead people to respond to it then all injuries that occur due to the response you can be held liable for it Good Samaritan laws no legal duty to help anyone protects medical professionals who are helping someone who is injured If there is negligence they medical professional cannot be sued under this law Dram Shop Acts bars can be liable for something because of their relationship to someone Because of this risk Bars will take more action against letting patrons drive home drunk increase in insurance Ex Parents can be held liable for their minor children who do something wrong Ex Employer can be held liable for the negligence of its employees Ex Someone goes to a bar and drinks too much if the bartender lets him walk out of the bar and drive home the bartender could be held liable for negligence In some states Social Host Liability if you throw a party much riskier b c of free access to alcohol Ex Get a taxi for someone is doing your duty if the drunk person goes a few blocks and comes back and drives home you cannot be held liable and you did not breach the duty you did all that you could have done Strict Liability Liability without fault Even if very careful still responsible for injuries 3 circumstances Wild animals wolves chimps LIMITED Use of explosives LIMITED Product liability if you are a business that sells a product the business can be held liable for any defects in a product buy product liability insurance BROAD Online Defamation ISPs and commercial websites Publishers but treated more leniently than other publishers Liable for content of postings by members and or guests no Generally not courts tend to find that there is no liability Prior to the internet you only could write letters to voice opinion If in that letter something defamatory was said you are held liable and so is The Daily Camera for posting the article Any website host that allows content to be posted without screening it is not liable if the content is defamatory If they do screen content and still post then they can still be held liable Chapter 9 Introduction to Contracts Nature and Classification Terminology What is a contract A set of promises An agreement Private law Enforceable by a court Voluntary creation of obligations where none existed before Basis of US Business contract law is the basis of businesses this is b c we have people of different backgrounds and people from all over the world we were a nation of strangers Contract Law Sources Common Law Court decisions Differs somewhat from state to state Goods move around so much that it is desirable that the contract law is uniform in all 50 states Need for uniformity Uniform Commercial Code State law but similar in all states Contract Freedoms you have the constitutional right to make a bad deal Freedom of contract Constitutional right Means court govt won t interfere with a valid contract even if unfair Freedom from contract The exceptions where court will protect someone from a contract Extreme unfairness forced into it etc Objective Theory of Contract Whether there is a contract depends on if a reasonable person would think there is one based on words and conduct and all surrounding circumstances Lucy v Zehmer p 259 Farmers out drinking with wives Zehmer I ll sell you the farm for 50 000 Wrote up a deal I ll sell Lucy refused to sign Wrote up again We ll sell Lucy wants farm Z says a joke Should Zehmer be required to sell yes Factors Intoxicated Seriousness of Event Written Document Reason for outcome Because there was a seriousness to the event and a contract was made and signed then yes the contract is good Contract Basic Requisition 1 Agreement Ch 10 2 Consideration Ch 11 Having something at stake 3 Capacity Ch 11 Legal ability to contract 4 Legality Ch 11 Hit man contract is void