Torts: Arguing different standards
Posted: Fri Dec 07, 2012 11:02 pm
Kind of confused about this
How do you frame your argument if there are multiple standards that apply (slightly different than how GTM describes forks in the law)
Ex.
You have a fact pattern where A is a non-flagrant trespasser on Bs land and suffers a harm
Under one standard (old common law), there is a distinction between trespassers and invitees/ licensees
Under another, the distinction only matters in certain circumstances
If you don't know which standard the jurisdiction adopts, what does an argument look like? Do you make a case under one standard and then a case under the other? Language like "If the court adopts Standard X, B has no duty to A" and "But if the court adopts Standard Y, A can argue.... etc. etc." ????
How do you frame your argument if there are multiple standards that apply (slightly different than how GTM describes forks in the law)
Ex.
You have a fact pattern where A is a non-flagrant trespasser on Bs land and suffers a harm
Under one standard (old common law), there is a distinction between trespassers and invitees/ licensees
Under another, the distinction only matters in certain circumstances
If you don't know which standard the jurisdiction adopts, what does an argument look like? Do you make a case under one standard and then a case under the other? Language like "If the court adopts Standard X, B has no duty to A" and "But if the court adopts Standard Y, A can argue.... etc. etc." ????