Torts - Section B - Crossley

 

 

 

 

 

For our first class on Tuesday, August 29, at 2:00, please read and be prepared to discuss pages 1-9 of the casebook.  As part of your preparation, consider the following questions regarding Hammontree v. Jenner:

  • What facts led to this litigation?
  • What was the error alleged by the plaintiffs/appellants?
  • Can you tell from reading the opinion what the core difference between negligence liability and strict liability is?
  • What reasons does the appellate court give for rejecting the plaintiffs’ arguments regarding the trial court’s jury instructions?
  • What policy reasons might justify a general preference for the imposition of negligence standards over strict liability standards?