1. Agenda for 11th Class Handouts Slides Readings: “Common Law II”
2nd Writing Assignment
Name plates
Lunch sign-up
Tuesday, 10/8, 12:15-1:15, Law Library 214
Finders
Common Law
Langridge v Levy
Winterbottom v Wright

2. Assignment for Next Class
Review any questions from today’s assignment that we don’t discuss in class
Read “Common Law II” packet
Questions to think about / Short papers
Everyone should be prepared to discuss all the questions on the last page of the “Common Law I” handout
Mandatory writing
Group 5. Qs 1 & 4
Group 6. Qs 2 & 4
Group 7. Qs 3 & 5
Group 8. Qs 3 & 5
Optional writing -- All questions that are not mandatory
2nd Writing Assignment
Due Friday, 10/11 at 5PM

3. Review of Last Class Finders Holding stated in Armory v Delamirie
Does not cover all future possible cases (e.g. finder v finder)
May need to be modified to cover new situations (e.g. finding on private property)
Theory of common law
Each court can only decide case in front of it
No power to set rules for future cases
That’s a legislative function
Each court must decide case in way that the OUTCOME is consistent with prior cases
Need not be consistent with all the WORDS in the prior cases
So can create an exception to rule that finder has right superior to all but rightful owner to cover finding on private property
That is consistent with OUTCOME in Armory v Delamirie, because that finding did not happen on private property
It is not consistent with the WORDS in Armory v Delamrie, because…

4. Common Law Cases Langridge v Levy Father purchased gun.
Seller stated & warranted that gun was safe
Implicit that seller knew gun was not safe
Son was injured and sued
Court: Son can recover damages from seller
Injured person cannot sue for breach of contract unless s/he was a party to the contract
“Privity of contract” rule
Exception for fraud where person making misrepresentation knew another might be harmed
Winterbottom v Wright
Wright supplied mail coaches to Postmaster
Contract required them to be “safe”
Atkinson contracted with Postmaster to supply drivers
Winterbottom was employed by Atkinson
Winterbottom was injured, allegedly because the coach was not safe
Court: Winterbottom cannot recover from Wright
Because of privity of contract rule
Class list for preferences and sign in
Digital voice recorder
Nameplates and marker
Handouts of PowerPoint slides
IP chart

5. Questions
1. The judges were concerned that if they allowed the plaintiff to prevail in Winterbottom v Wright there would be “the most absurd and outrageous consequences” and “an infinity of actions.” What sort of cases were they concerned to prevent? Why?
2. The case most favorable to the plaintiff is Levy v Langridge. If you were the plaintiff’s lawyer in Winterbottom v Wright, how would you have used that case to argue that the defendant in this case should be liable to your client? If you were the defendant’s lawyer, how would you respond?
3. Why do you think the plaintiff won in Levy v Langridge, but the plaintiff lost in Winterbottom v Wright? Consider both legal and social reasons.
4. What is the holding in Winterbottom v Wright? That is, state in a sentence the legal rule established by this case.
5. Judge Rolfe says that judges should not be influenced by the hardship that the plaintiff suffers on account of the absence of a remedy. Why not? What should influence a judge? What influenced the judges in this case?
Class list for preferences and sign in
Digital voice recorder
Nameplates and marker
Handouts of PowerPoint slides
IP chart

6. Questions
6. If Wright had sold a defective coach to Langridge, and Langridge’s wife had been injured while riding in the coach, would Wright be liable to Langridge’s wife?
7. If the Postmaster had told Wright that the mail-coach would be used by coachmen, and Wright had said that the mail-coach could be safely used by coachmen, would Wright be liable to any coachman injured by a defective coach?
8. If Wright had put explosives under the mail-coach seat, which had gone off while Winterbottom had been sitting on the mail-coach seat, would Wright be liable to Winterbottom?
Class list for preferences and sign in
Digital voice recorder
Nameplates and marker
Handouts of PowerPoint slides
IP chart