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Torts - Coggle Diagram

- - - - General
      - Pecuniary
      - Punitive
    - - Falsity of claim in prima facie case
      - Privileges
        
        Absolute
        
        Qualified
    - - Malice is required
      - Nature of P
        
        Public official
        
        Public figure
      - Subject matter of the controversy
- - - - warning defect
- - - - D must meet a certain standard of conduct for protection of others against unreasonable risk
      - when action taken, duty of care owed to all foreseeable Ps
      - no affirmative duty to act exists
        
        exceptions: innkeepers, common carriers, special relationships
      - no duty to control others except special relationship
      - negligent infliction of emotional distress
      - bystander
      - Possessor of Land
        
        invitee
        
        licensee
        
        trespasser
        
        unknown
        
        known
        
        children
    - - negligence per se
      - res ispa loquitur
    - - Actual/Cause-in-fact
      - Proximate cause: based on foreseeability and is actually a limitation on liability
        
        eggshell plaintiff exception
        
        direct cause
        
        indirect cause
      - (un)foreseeable intervening acts
    - - actual harm
      - injury
  - - - joint liability
      - several liability