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Table Of Contents

Vicarious Liability
Historical Development of Negligence
Standard of Care (The Reasonable Person)
Res Ipsa Loquitur
Medical Malpractice
Informed Consent
Elements of Informed Consent Tort
Texas Law
The Duty Requirement: Physical Injuries
Exceptions to the “No Affirmative Duty Rule”
Duty under Legislation
Duty to Report Crimes
Policy Basis for Invoking No Duty
Dram Shop Acts
Negligent Entrustment
Doctrine of Negligent Entrustment
Premises Liability
Activities on the Premises:
Child Trespassers:
Landlord and Tenant
Criminal Activity
Intrafamily Duties
Government/Municipal Entities
Federal Tort Claims Act
The Duty Requirement – Nonphysical Harm
Old Rule
Loss of Consortium
Economic Loss
Wrongful Birth & Wrongful Life
1.Actual Causation
Joint & Several Liability (also: market share theory)
Non-simultaneous Actions
Lead Paint
Childhood Vaccines
Special Case of Toxic Harms (pg 392)
Proximate Cause
Superseding Causes
Unexpected Victim
---Defenses to Negligence---
4 Main Defenses
Contributory Negligence
Comparative Negligence
Assumption of Risk
Mary Carter Agreements
ERISA Preemption
Products Liability
3 Possible Claims
Design Defects
Risks v. Benefits Theory
Reasonable Alternative Designs
Irreducibly Unsafe Products
Safety Instructions and Warnings – Failure to Warn
Learned Intermediary Doctrine
Factors for warning after sale is made
Defenses to Product Liability
Beyond Products
---Intentional Torts---
Exceptions to Consent
False Imprisonment
Exception to Consent
Intentional Infliction of Emotional Distress (IIED)
Defenses to Intentional Torts
Privileges and Immunities
Is it Defamatory? Cases
“Of and Concerning Plaintiff” Cases
Slander Per Se Case
Defenses to Defamation
Defense Cases
---Invasion of Privacy---
1. Intrusion on a Person’s Seclusion
Intrusion Cases
2. Public Disclosure of Private Facts
Public Disclosure of Private Facts Cases
3. False-Light
False-Light Cases
4. Appropriation of a Person’s Image
---Harms to Economic Interests---
1. Deceit
Deceit Cases
2. Negligent Misrepresentation
Negligent Misrep. Cases
3. Interference w/ Contractual Relations
Interference w/ Contract Cases
4. Interference w/ Advantageous Relationship
Interference w/ Advantageous Relationship Cases
Pain &Suffering
---Tort Reform---
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Wheel for Torts

Wheel for Torts

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Published by Skippy(2)

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Published by: Skippy(2) on Mar 23, 2012
Copyright:Attribution Non-commercial


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