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Torts - Coggle Diagram
Torts
Negligence
Duty
Reasonably Prudent Person
Different Standards of Care
Professionals
Common carriers & innkeepers
Rescuer's Rule
Children
Customer/industry usage
Statutes
Breach
negligence per se
res ipsa loquitor
Causation
Actual
burden shifting test
but-for test
substantial factor test
Proximate
Eggshell P
Unforeseeable intervening acts
Damages
P has duty to mitigate damages
Punitive damages
personal injury
Property damage
Non-recoverable
Defenses
Joint & Several Liability
Contributory Negligence
Pure Comparative Negligence
Modified Comparative Negligence
Assumption of Risk
Strict Liability
D is liable for injuring a P whether the D exercised due care
Prima facie case
Liability for animals
Abnormally dangerous activity
defective products
inadequate warning
manufacturing defects
design defect
Economic Harm & Dignitary Torts
Invasion of privacy
publication of facts placing P in false light
appropriation of P's name or picture
intrusion on P's affairs/seclusion
public disclosure of private facts about P
Defamation
Elements
publicaton
defamatory message
harm to reputation
Types
libel
slander
slander per se
Damages
punitive
general
pecuniary
Defenses
consent
truth
privileges
absolute
qualified
Constitutional Considersations
public official
public figure
matter of public concern
Subject Matter of Controversy
required for presumed or punitive damages
Misrepresentations
misstatement of fact
scienter/malice
intent to induce reliance
justifiable reliance
causation
damages
nuisance
Public
Private
Intentional Torts
Intent & Transfered Intent
Against Property
conversion
trespass to land
trespass to chattels
Against Persons
assault
battery
false imprisonment
IIED
Defenses
defense of property
self-defense
defense to others
necessity consent