Torts 2 Short Outline

Torts 2 Short Outline - Torts 2 Short Outline A. Elements...

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Torts 2 Short Outline A. Elements of Negligence Review – duty, breach, injury, causation (in fact and proximate) B. Proximate Cause a. intervening/superseding (DINE); suicide; med/legal negligence; rescue doctrine C. Joint Tortfeasors a. joint & several liability (still around in some places); contribution/indemnification D. Duty of Care a. generally no duty to act; misfeasance v. nonfeasance; hospital must act; undertaking; special relationship (with Δ or 3d party) b. only economic damage = no recovery c. duty to unborn kids (3 times); minority -wrongful life (child) and wrongful birth (parent) E. NIED a. physical manifestation (PCS) impact-KY (ISP) zone of danger (HP) bystander (RAD) F. Liability of Owners and Occupiers of Land a. no duty for natural conditions except trees ( or minority rule) but duty for man made cond. b. trespasser v. invitee (business guest) v. licensee (social guest) or minority rule i. always argue status of invitee v. licensee/use minority rule only if no recovery
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Torts 2 Short Outline - Torts 2 Short Outline A. Elements...

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