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TORTS - Coggle Diagram

- - - - D did not fulfill standard of care
        
        Negligence Per Se: breach of an established duty under statute
        
        must show 1) statute has crim penalty; 2) standard clearly defined in statute; 3) P is w/in class protected; 4) harm is type intended to prevent
        
        Res Ipsa Loquitor: P did not know circumstances required to establish breach of duty
        
        Elements 1)harm normally would not happen absent neg; 2) harm was caused by an instrumentality solely in Ds control; 3) P did not contribute to the negligence
    - - Actual
        
        "but for test": but for D's action, injury would not have occurred
        
        sub factor test: two independent & sufficient causes & either alone could have caused injury
        
        burden shift test: multiple D's acted, only one caused injury
      - Proximate: so closely related to the injury that the is liabile
    - - Default: RPP
        
        Trespasser (undiscovered, known) Invitee, Licensee
    - - Prop Damage: reasonable cost of repair (if irreparable, FMV @ time of accident)
      - Punitive Damages: Only if D's action is wanton & willful, reckless, or malicious
      - Personal Injury: past, present & future damages (specific & general recovery)
      - Non-Recoverable: attny fees (interest from date of damage in pI cases)