Term
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Definition
A. Intentional Torts to Persons
B. Intentional Torts to property
C. Defenses to intentional torts
D. Negligence
E. Strict Liability
F. Products liability
G. Misrepresentation
H. Interference with intangible personal interests
I. Miscellaneous Subjects |
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Term
| INTENTIONAL TORTS AGAINST PERSONS |
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Definition
1. Battery
2. Assault
3. False Imprisonment
4. Intentional infliction of emotional distress |
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Term
| INTENTIONAL TORTS TO PROPERTY |
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Definition
Trespass of land
2. Encroachment (Injuction - maj issue app)
3. Trespass of chattel
4. Conversion
5. Nuisance (Private v. Public) (Injuction)
6. Business interests |
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Term
| DEFENSES TO INTENTIONAL TORTS |
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Definition
1. Consent
2. Self defense (jxdn)
3. Defense of others (jxdn)
4. Defense of property (jxdn)
5. Crime prevention (jxdn)
6. Recapture of chattel
7. Reentry upon land
8. Legal authority
9. Detention for investigation
10. Necessity
11. Discipline |
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Term
| NEGLIGENCE - PREFATORY PARAGRAPH |
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Definition
| IN ORDER TO PROVE NEGLIGENCE, THE FOLLOWING ELEMENTS MUST BE SHOWN: 1) THAT VIC IS A FORESEEABLE PLAINTIFF, 2) OWED A DUTY OR SPECIAL DUTY OF CARE BY D, THAT 3) D BREACHED, AND THE BREACH IS THE 4) ACTUAL AND PROXIMATE CAUSE OF 5) P'S DAMAGES, WITH 6) NO DEFENSES. |
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Term
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Definition
RESCUER
NEGLIGENCE PER SE
OMISSION TO ACT
PERFORMANCE OF SERVICES
GUEST STATUTES
*LANDOWNERS & OCCUPIERS (TVM)
SUPPLIERS OF CHATTEL
DUTY TO CONTROL OTHERS |
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Term
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Definition
REASONABLE PERSON TEST
RES IPSA LOQUITIR |
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Term
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Definition
ACTUAL CAUSATION
PROXIMATE CAUSATION |
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Term
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Definition
BUT FOR
SUBSTANTIAL FACTOR (JXDN) |
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Term
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Definition
DIRECT CAUSATION
CONCURRENT CAUSATION
INDIRECT CAUSATION |
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Term
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Definition
DEPENDENT INTERVENING ACTS
INDEPENDENT INTERVENING ACTS
FORESEEABLE RESULTS DOCTRINE
*THIN SKULLED P
SET STAGE/EXISTING CONDITION |
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Term
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Definition
CONSEQUENTIAL
PRENATAL INJURIES
MENTAL SHOCK RULES |
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Term
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Definition
ASSUMPTION OF THE RISK
CONTRIBUTORY NEGLIGENCE
IMPUTED CONTRIBUTORY NEGLIGENCE
THE LAST CLEAR CHANCE DOCTRINE |
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Term
| SPECIAL NEGLIGENCE PROBLEMS |
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Definition
*VICARIOUS LIABILITY
SURVIVAL & WRONGFUL DEATH
JOINT AND CONCURRENT TORT DEASORS
SATISFACTION $ RELASE
INDEMNITY |
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Term
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Definition
DANGEROUS ANIMALS
*ABNORMALLY DANGEROUS ACTIVITIES |
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Term
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Definition
NEGLIGENCE
STRICT LIABILITY
WARRANTY
INTENTIONAL - BATTERY
NEGLIGENT MISREPRESENTATION
MISREPRESENTATION |
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Term
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Definition
INTENTIONAL
NEGLIGENT DAMAGES (*Out of Pocket and Benefit of Bargain) |
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Term
| INTERFERENCE WITH INTANGIBLE PERSONAL INTEREST |
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Definition
DEFAMATION
INVASION OF PRIVACY
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
MALICIOUS PROSECUTION
ABUSE OF PROCESS
WRONGFUL CIVIL PROCEEDINGS |
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Term
| INTERFERENCE WITH INTANGIBLE PERSONAL INTEREST |
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Definition
DEFAMATION
INVASION OF PRIVACY
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
MALICIOUS PROSECUTION
ABUSE OF PROCESS |
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Term
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Definition
INTERFERENCE WITH CONTRACT (see intentional tort biz int) (inj relief)
INTERFERENCE WITH PROSPECTIVE ADVANTAGE see intentional tort biz int) (inj relief)
GOVERNMENTAL IMMUNITY
INTRA-FAMILY IMMUNITY
CHARITABLE IMMUNITY |
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Term
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Definition
*EXPRESS WARRANTY
*IMPLIED WARRANTY
FITNESS FOR USE
MERCHANTABILITY |
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Term
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Definition
*PUBLIC DISCLOSURE OF PRIVATE FACTS
*MISAPPROPRIATION OF PLAINTIFF'S NAME OR LIKENESS
*FALSE LIGHT PUBLIC EYE
*INTRUSION INTO P'S PHYSICAL SECLUSION |
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Term
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Definition
FORESEEABLE PLAINTIFF
DUTY
BREACH
CAUSATION
DAMAGES
DEFENSES |
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