BCOR 3000 1nd Edition Lecture 9 Outline of Last Lecture I. Unintentional TortII. NegligenceIII. DefensesOutline of Current Lecture i. Negligence Issuesii. Strict Liabilityiii. Online Defamationiv. What is a Contract?v. Contract Law Sourcesvi. Contract Freedomsvii. Lucy v. Zehmer Caseviii. Contract Basic RequisitionCurrent LectureNegligence 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 madeThese 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 negligencethey 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 couldhave doneStrict 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 liabilityPrior 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 TerminologyWhat 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; wewere 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 statesContract 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 circumstancesLucy 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 acontract was made and signed, then yes the contract is good.Contract Basic Requisition1. Agreement (Ch. 10)2. Consideration (Ch. 11)– Having something at stake3. Capacity (Ch 11.)– Legal ability to contract4. Legality (Ch. 11)– Hit man contract is