Capsule Summary

a.  Conducting of abnormally dangerous activities (e.g., blasting); and

b.  The selling of a defective product which causes personal injury or property damage.

C. Significance of categories:  There are two main consequences that turn on which of the three above categories a particular tort falls into:

1. Scope of liability:  The three categories differ concerning D’s liability for far-reaching, unexpected, consequences. The more culpable D’s conduct, the more far-reaching his liability for unexpected consequences – so an intentional tortfeasor is liable for a wider range of unexpected consequences than is a negligent tortfeasor.

2. Damages:  The measure of damages is generally broader for the more culpable categories. In particular, D is more likely to be required to pay punitive damages when he is an intentional tortfeasor than when he is negligent or strictly liable.

D. Exam approach:  First, review the fact pattern to spot each individual tort that has, or may have been, committed. Then, for each tort you have identified:

1. Prima facie case:  Say whether a prima facie case for that tort has been made.

2. Defenses:  Analyze what defenses and justifications, if any, D may be able to raise.

3. Damages:  Finally, discuss what damages may be applicable, if the tort has been committed and there are no defenses. Pay special attention to: (1) punitive damages; (2) damages for emotional distress; (3) damages for loss of companionship of another person;(4) damages for unlikely and far-reaching consequences; and (5)damages for economic loss where there has been no personal injury or property damage.