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Torts - Coggle Diagram
Torts
Intentional Torts
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intent
transferred intent for: assault; battery; false imprisonment; trespass to land; trespass to chattels
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Property
defenses for property owner; self defense (reasonable); defense of others; defense of property
defenses for trespasser: necessity; consent
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Negligence
Duty
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when action is taken, a duty of care is owed to all foreseeable plaintiffs
no affirmitive duty to act exists except: innkeepers, common carriers, special relationships
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Breach
neg. per se: statutory duty; must prove in class intended to be protected by stat; harm suffered is particular harm that stat. tries to protect; std. of conduct are clearly defines
res ispa loquitor: based on particular injury; circumstantial evidence doctrine; not normally occur unless someone was negligent; neg. is attributable to D
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damages
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P is compensated for all past, present, and prospective damages including econoic damages, and noneconomic damages
punative maybe if wanton and willful, reckless, or malicious
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