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Torts (Negligence (defenses (comparative fault- defendant contributed,…
Torts
Negligence
duty-standard for protection of others, no affirmitive duty to act(except inn keeper, common carrier, special relationship) once assumed must keep going, no duty to control others (except parents/ masters/ employers)
breach- standards of care= that of a reasonable person. per se- statute replaces common law standard of care (must be part of class statute was designed to protect) res ispa loquitur- when an accident would not have occured unless someone was negligent.
proximate cause- was the injury foreseeable? zone of danger, egg shell plaintiff. Unforeseeable intervening acts break chain of causation. foreseeable ones do not.
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defenses
comparative fault- defendant contributed, damages are reduced
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joint and several liability- two or more actors, each of which is liable for all the Plaintiff's injuries
Intentional Torts
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defenses
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necessity- reasonable person, still need to pay for damages
consent- express or implied, may not exceed scope
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against persons
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false imprisonment- intentionally confining Plaintiff against Plaintiff's will, plaintiff must know/ be injured.
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Intentional infliction of emotional distress- intentional or reckless act that is outrageous or offensive that causes Plaintiff severe mental distress
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