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TORTS - Coggle Diagram
TORTS
Negligence
common ways tested:
what is P's best claim
what is D's best defense
Will P prevail
duty
reasonably prudent person
deviations
rescuer's rule
children
common carriers/inkeepers
custom/industry usage
professionals
statutes
strict liability
animal conduct
abnormally dangerous activities
products liability
manufacturing defects
design defect
inadequate warning
defenses
comparative fault
assumption of risk
breach
negligence per se
res ipsa loquitor
causation
actual
but for test
substantial factor test
burden shifting test
proximate
eggshell P
unforeseeable intervening acts
damages
personal injury
property damage
punitive damages
non-recoverable
P has duty to mitigate damages
defenses
pure comparative negligence
modified comparative negligence
contributory negligence
assumption of risk
joint and several liability
intentional torts
against property
trespass to land
trespass to chattels
conversion
against persons
assault
batteryfalse imprisonment
intentional infliction of emotional distress
intent/transferred intent
defenses
self defense
defense to others
defense of property
necessity consent
economic harm and dignitary torts
defamation
elements
defamtory message
of or concerning P
publication
harm to reputation
types
libel
sslander
slander per se
damages
general
pecuniary/special damages
punitive
defenses
truth
priviliges
absolute
qualified
consent
constitutional considerations
supreme court in NY Times v. Sullivan modified standards of common law defamation as applied ot nature of P and subject matter of defamatory statement
requires malice
nature of plaintiff now
public official
public figure
subject matter of controversy
matter of public concern
required for presumed or punitive damages
order of analysis
defamation rule, apply, conclude
malice rule, define malice, apply, conclude
rule damages, apply, conclude
rule defenses, apply, conclude
mirepresentation
misstatement of fact
scienter/malice
commercial setting, scienter can drop to negligence
intent to induce reliance
justifiable reliance
causation/damages
invasion of privacy
appropriation of P's name or picture
intrusion on P's affairs/seclusion
publication of facts placing P in false light
public disclosure of private facts about P
defenses
consent
privilege
truth (only for portrayal in false light)
nuisance
public
private