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Torts - Coggle Diagram
Torts
Intentional Torts
Intent
A voluntary act, intent, the elements of the claim for that tort, causation, harm, lack of a privilege or defense
Transferred intent applies to assault, battery, false imprisonment, trespass to land and trespass to chattels.
Against Persons
Assault, battery, false imprisonment, IIED
Against Property
Trespass to land/chattels, conversion
Defenses
Self defense, defense of property, Necessity, Consent
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Strict Liability
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Defective products
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Control, No changes, must be business, causation, damages.
Liability for Animals
Always for "wild animals". Strict liability for animals trespasses, if it is reasonably foreseeable. Domesticated animals are governed by statute.
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Negligence
Elements
Duty
No duty assumed unless special actor: parent, innkeeper, professionals, common carriers, possessors of land.
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Causation
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Proximate Cause: Legal cause, based on foreseeability.
Direct cause or indirect cause. Intervening act break the chain of causation? Not a foreseeable intervening act.
Damages
No nominal damages, compensated for all past present and prospective damages. Economic such as medical or lost earnings or non-economical such as pain and suffering
Can get punitive if defendant was wanton, reckless, or intentional.
Defenses
Comparative Fault
BAR RULE: Plaintiffs conduct contributed to the injury and is compared to defendants negligence. Damages are reduced accordingly. Does not apply to intentional torts.
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Assumption of Risk
Plaintiff knew of risk and still voluntarily proceeded with the action. Essentially consent. Can be implied or direct.
Joint and several liability. When multiple defendants and each defendant is wholly liable. Plaintiff can get full amount from 1 defendant and then its up to defendants to sue each other and figure out the split.