review midterm - Sage B-08 20-25% torts, 75-80% contracts...

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Sage B-08 20-25% torts, 75-80% contracts Intentional Torts -Battery -Assault -False Imprisonment -Intentional Infliction of Emotional Distress -Defamation -Invasion of Privacy -Misrepresentation Unintentional Tort 9 out of 10, obligation will be negligence Elements of Negligence -Existence of a duty of care -A breach of that duty -That the breach was the proximate cause -Of the plaintiff’s injury Understanding Cause -Actual cause: *cause in fact *supervening cause: independent of original act, adequate by itself to bring about the injury, not reasonably foreseeable -Proximate cause: was the chain of events a normal and foreseeable consequence of the defendant’s act? Defenses to Negligence -Contributory negligence -Assumption of Risk (Firefighter’s rule…most fires start because of negligence, so being a firefighter assumes risk and thus can’t sue)…outcome more like contributory negligence; plaintiff knew and understood risk and did it anyway -Comparative Negligence REVIEW QUESTION #1 -Supervening Cause: wasn’t drug that caused him to fall, he tripped (Being drunk isn’t supervening cause because he engaged in this behavior before
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review midterm - Sage B-08 20-25% torts, 75-80% contracts...

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