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過失侵權行為 negligence 楊智傑

過失侵權的四要素 • A cause of action for negligence is frequently described as having four elements: – Duty – Breach – Causation – damage

義務duty的概念 • Palsgraf案 • A duty runs only to those who are within the foreseeable ambit of danger. • If there is “a risk reasonably to be perceived” to the plaintiff, there is a duty to be obeyed.

The negligence Balancing Test • Nussbaum v. Lacopo案 • There is a remote possibility of personal injury or property damage is ordinarily not enough • Person cannot to be expected to guard against harm from events which are so unlikely to occur that the risk, although cognizable, would commonly be disregarded.

漢德公式 • United States v. Carroll Towing Co.案 • Learned Hand法官 • Liability exists if the burden the defendant would have to bear to avoid the risk (B) is outweighed by the gravity of the loss (L) times the probability (P) of the threatened harm (B