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Table Of Contents

B.ELEMENTS OF BATTERY
C.DEFINING INTENT
2.ASSAULT
3.INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Issue
4.FALSE IMPRISONMENT
5.TORTS TO PROPERTY
DEFENSES OF INTENTIONAL TORTS - PRIVILEGES
1.PROTECTING AGAINST APPARENT MISCONDUCT OF THE PLAINTIFF
2.PRIVILEGES NOT BASED ON PLAINTIFF’S CONDUCT
II. NEGLIGENCE
1.DUTY
A.THE GENERAL DUTY OF CARE: THE PRUDENT PERSON STANDARD
B.SPECIFICATION OF PARTICULAR STANDARDS OR DUTIES
2.BREACH OF DUTY
A.ASSESSING REASONABLE CARE BY ASSESSING FORESEEABLE RISKS AND COSTS
B.PROVING AND EVALUATING CONDUCT
-PROVING
-EVALUATING
C.PROVING UNSPECIFIED NEGLIGENCE: RES IPSA LOQUITUR
3.HARM AND CAUSATION IN FACT
A.ACTUAL HARM
B.CAUSE IN FACT
-The But-for Test of Causation
-Problems With and Alternatives to But-for Tests
Held. Yes
-Proof: What was Caused?
4.THE SCOPE OF RISK OR “PROXIMATE CAUSE” ELEMENT
A. THE PRINCIPLE: SCOPE OF RISK
B.ASSESSING THE SCOPE OF THE RISK
5.CONTRIBUTORY/COMPARATIVE FAULT
A.THE COMMON LAW RULE
B.ADOPTING AND APPLYING COMPARATIVE FAULT RULES
6.ASSUMPTION OF THE RISK
A.CONTRACTUAL OR EXPRESS ASSUMPTION OF THE RISK
B.IMPLIED ASSUMPTION OF THE RISK
III. LIMITING OR EXPANDING THE DUTY OF CARE
1.CARRIERS, HOST-DRIVERS AND LANDOWNERS
A.LANDOWNERS’ DUTIES TO TRESPASSERS, LICENSEES, INVITEES, AND CHILDREN
Synopsis of Rule of Law
B.THE FIREFIGHTER RULE
C.LANDOWNERS
D.LESSORS
DUTIES OF MEDICAL AND OTHER PROFESSIONALS
1.TRADITIONAL DUTIES OF HEALTH CARE PROVIDERS IN TRADITIONAL PRACTICE
2.RES IPSA LOQUITUR
3.INFORMED CONSENT
NONFEASANCE
1.THE NO DUTY TO ACT RULE
2.EXCEPTIONS QUALIFICATIONS AND QUESTIONS
3.NONPERFORMANCE OF PROMISES
A.UNENFORCEABLE PROMISES
B.ENFORCEABLE PROMISES
THE DUTY TO PROTECT FROM THIRD PERSONS
1.DEFENDANT’S RELATIONSHIP WITH THE PLAINTIFF
2.DEFENDANT’S RELATIONSHIP WITH DANGEROUS PERSONS
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
1.THE EMOTIONAL DISTRESS CLAIM
2.THE LOSS OF CONSORTIUM CLAIM
Discussion
3.TOXIC EXPOSURES
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Torts I Briefs

Torts I Briefs

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Published by cavs2232

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Published by: cavs2232 on Nov 09, 2011
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08/06/2012

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