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Torts - Coggle Diagram

- - - - If there is an uninterrupted chain of events between a D's negligent act and the Ps injury, then it is a direct cause case. D is liable for all foreseeable harmful results. An indirect cause case is one where a force came into motion after the D's act and combined with the negligent act to cause the P's injury. The intervening force may break the chain of causation between the initialact and the ultimate injury.
      - Foreseeable intervening acts do not cut off a D's liability. These include subsequent medial malpractice, negligence of rescuers, and subsequent accidents.
      - Unforeseeable intervening acts to cut off D's liability . Such superseding causes may include naturally occurring phenomena, criminal acts of 3rd persons (unless foreseeable), intentional torts of third persons, or extraordinary forms of negligent conduct by the 3rd persons.
  - - - NIED: P must be in zone of danger: a) suffered a physical manifestation b) exceptions to zone of danger and physical manifestation: i. negligent death notice and ii mishandling of corpse.
      - Exceptions to the affirmative duty: 1) Innkeepers 2) common carriers 3) special relationships 4) one who assumes the duty to act. May not leave P in worse condition. : IN AN ESSAY, INCLUDE "IF JURISDICTION HAS A GOOD SAMARITAN STATUTE, IT WOULD GOVERN AND RELIEVE LIABILITY UNDER CERTAIN CONDITIONS." Good samaritan laws protect people from civil liability for injuries when an attempt has been made to aid someone needing medical attention..
      - BYSTANDER: a) located near the scene of the accident b) suffered severe emotional distress from the sensory and contemporaneous observation of the scene c) had a close personal relationship with V.
      - D must meet a certain standard of conduct for the protection of others against unreasonable risks. A duty of care is owed to all foreseeable Ps
      - Possessors of land:
        
        Licensee: duty to exercise reasonable care and to warn of dangerous conditions
        
        Trespasser: 1) UNKNOWN TRESPASSERS: no duty of care 2) KNOWN TRESPASSERS: jurisdictions take different approaches 3) CHILDREN: heightened standard of care as to artificial conditions.
        
        Invitee: duty to prevent injuries and duty to discover dangerous conditions
      - There is generally no affirmative duty to act
    - - Higher standard of care for professionals. Varies depending upon relationship: bailor/bailee, landowners, landlord/tenant.
      - Child's conduct is held to the standard of care of a reasonable child of the same age, education, intelligence, and experience. Some jurisdiction divide by age: 6 and blow: incapable of negligence; 7-13: rebuttal presumption of no negligence; 14 and up: rebuttal presumption of capability for negligence.
      - Default standard of care: reasonable ordinary person prudent standard of care with objective review
- - - - Pecuniary or special damages: quantifiable monetary losses . . . P must prove unless slander per se
      - Punitive damages: need additional showing of malice.
      - General damages: no proof of actual damages required
    - - Slander is defamation not preserve din permanent form, including the spoken word
      - Slander per se: 1) commission of a crime 2) allegations of a loathsome disease 3) imputes improper conduct of business or profess 3) serious sexual misconduct
      - Libel is the written form of defamation
    - - Consent
      - Constitutional consideration: The US Supreme Court has modified the standards of CL defamation as applied to the nature of the P and the subject matter of the defamatory statement. Malice is required - knowing falsity or recklessness as to the truth or falsity,
        
        Public Figure ( as person who has achieved pervasive fame or notoriety or as to specific limited issues)
        
        Matter of public concern
        
        Public Official
        
        Required for presumed or punitive damages
      - Privileges: 1) Absolute: D may not be held liable for an otherwise defamatory statement as a matter of law . Applies to legislators, participants in judicial proceedings, policymaking official, and spouses, D has burden of proving privilege. 2) qualified: D is not held liable for an otherwise defamatory message unless he loses the protection of the privilege. Applies to communication of a matter of interest to the recipient. D has burden or proving privilege. Privilege does not apply or is lost if: a) the matter is outside the scope of the privilege b) D act out of malice. .
      - Truth: historical defense. Now, P must prove falisty of claim in prima facie case.