Key/Abbreviations Used:

P = Plaintiff
D = Defendant
Mfg = Manufacturer

Answer Template:
1. ____(“___”) sues ____ (“___”) for _____ when ______ OR _____ (“___”) defends against ____
(“___”) for ____ when ____

Rule:

Analysis: evaluate/weigh strength of argument

Factual
Legal
Policy (short & if applicable)

Conclusion:
Qualified as to P & D
Damages Type (if applicable)

Dispute Checklist:
 All parties
 Goals of parties
 Legal theory for goals
Issue Checklist:
NUGGETS national vaccine act, GENUS (proximate cause), Comment K Alternative
1. Intentional, Voluntary, Caused
o Intent
o Transferred Intent
o Battery
 Battery Without Contact
o Assault
o False Imprisonment
o Participation Liability
o Trespass to Land
o Trespass to Chattels
o Conversion
+ DEFENSES (Consent, Self-defense,
Defense to Property, Recapture Chattels, Necessity)

2. Negligence: Fault Liability

o Duty
 Risk Creation, No Duty to Rescue, No
Duty Public Policy, Dram Shop
 Special Relationship, Voluntary
Promise of Aid, Created Risk
(tortiously or not), Special Relationship 3. Vicarious Liability
with 3rd Party who harmed P, Statutory o Employer-Employee
Duty o Independent Contractor OR Apparent Agency
 Landowner Liability
o Joint Enterprise
 Attractive Nuisance
o Automobile Consent, Indemnity, Imputed,
 Business Owners to Patrons
 NEID!!!  Near Miss, Bystander, Apportionment/Joint & Several/Contribution
Supported By Another Tort, Rowland 4. Strict Liability
Factors o Animals
 No duty Economic Loss o Abnormally Dangerous Activities
o Breach 5. Products Liability
 Standard of Care o Manufacturing Defect
 Reasonable Person o Design Defect
 Emergency o Warning Defect
 Child o Defenses: SUBSTANTIAL Modification,
 Physical Disability Preemption, State of the Art, Comparative
 Special Knowledge or Skills Responsibility, AOR, Statute of
 Measure Breach Limitations/Repose, Gov. Regulations
6. Nuisance
 Hand
o Private
 Negligence Per Se
 Intentional
 RIL
 Negligent
o Causation
 Strict Liability
 Cause in fact (specific + general)
o Public
 Scope of Liability (scope of risk,
o Remedies (damages, injunction, no nuisance,
foreseeability/type, GENUS)
cost of removing)
 Limitations:
7. Damages
o Eggshell P & Psyche
o Nominal
o Intervening Superseding
o Compensatory (pecuniary/nonpecuniary)
Cause
o Loss of Consortium
o Criminal Acts of Third
o Death related torts (wrongful death &
Party
o Damages/Harm survival)
o Pure economic loss = NO
+ DEFENSES: Comparative, AOR, Mitigation,
Contributory