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Torts I, Intentional Torts, Negligence, Duty, Defenses to Intentional…
Torts I
Intentional Torts
Assault
Battery
Intentional Infliction of Emotional Distress
Tresspass
False Imprisonment
Negligence
Cause
Actual Cause
Proximate Cause: natural and probably result from an act
Duty
Reasonable Person Under the Circumstances
Primary Assumption of Risk
B < P(L)
U = P (L)
Breach
Proving Breach of Duty
Learned Hand
Negligence Per Se
Custom
Res Ipsa Loquitor
Recklessness
Damage
Duty
Act - assumes a duty to exercise reasonable care
act as a rescuer
rescue doctrine
good samaritan
Omission
General; no duty with no action
UNLESS
the actor causes the harm
Special Relationship
can create or negate a duty
negates
Firefighter Rule
creates
Special Relationship
Business & Common Carriers
Professionals (doctors/lawyers)
if performing to a 3rd party - NO DUTY
Defenses to Intentional Torts
Consent
Defense of Self, Others, or Property
Intent (crime)
Gross Negligence
Reasonable Care (artificial condition)
Use the Learned Hand before the 3 tests