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    Torts Attack Outline

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    brittany_bisson_2
    This document outlines the key elements of intentional torts and negligence. For intentional torts, it discusses the torts of battery, assault, trespass to land, trespass to chattels, and conversion. For negligence, it outlines the elements of duty, breach, causation, and harm and discusses topics like duty of care, standard of care, foreseeability, owners and occupiers of land, statutes and regulations, and affirmative duties. It also briefly mentions defenses to both intentional torts and negligence.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Torts Attack Outline

    Uploaded by

    brittany_bisson_2
    224 views1 page
    This document outlines the key elements of intentional torts and negligence. For intentional torts, it discusses the torts of battery, assault, trespass to land, trespass to chattels, and conversion. For negligence, it outlines the elements of duty, breach, causation, and harm and discusses topics like duty of care, standard of care, foreseeability, owners and occupiers of land, statutes and regulations, and affirmative duties. It also briefly mentions defenses to both intentional torts and negligence.

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    Attack Outline for Torts

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    This document outlines the key elements of intentional torts and negligence. For intentional torts, it discusses the torts of battery, assault, trespass to land, trespass to chattels, and conversion. For negligence, it outlines the elements of duty, breach, causation, and harm and discusses topics like duty of care, standard of care, foreseeability, owners and occupiers of land, statutes and regulations, and affirmative duties. It also briefly mentions defenses to both intentional torts and negligence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    224 views1 page

    Torts Attack Outline

    Uploaded by

    brittany_bisson_2
    This document outlines the key elements of intentional torts and negligence. For intentional torts, it discusses the torts of battery, assault, trespass to land, trespass to chattels, and conversion. For negligence, it outlines the elements of duty, breach, causation, and harm and discusses topics like duty of care, standard of care, foreseeability, owners and occupiers of land, statutes and regulations, and affirmative duties. It also briefly mentions defenses to both intentional torts and negligence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    TORTS ATTACK OUTLINE

    1. INTENTIONAL TORTS 2. NEGLIGENCE


    a. Trespass to Person a. Elements
    i. Battery i. Duty, Breach, Causation, Harm
    1. Intent to touch b. Duty of Care
    2. Touch i. Forseeable 
    3. No consent ii. Standard of Care
    ii. Assault 1. Reasonable Person
    1. Intent to make believe 2. Professionals
    imminent harm 3. Children
    2. Success iii. Calculus of Risk
    3. No consent 1. Risk defines duty
    b. Trespass to Property a. Learned Hand Test
    i. Trespass to Land 2. Custom
    1. Intent to enter/breach close iv. Owners & Occupiers of Land
    2. Enter/breach close 1. Trespassers ((un)discovered)
    ii. Trespass to Chattel (dBA) 2. Licensee
    1. Intent to interfere w/ 3. Invitee
    possessory rights 4. Attractive Nuisance
    2. Interference 5. Hazard Conditions
    iii. Conversion v. Statutes & Regulations
    1. Intent to interfere w/ 1. Negligence per se
    possessory rights vi. Affirmative Duties
    2. Interference 1. Duty to Rescue
    3. Pay full value c. Breach
    c. Defenses to Intentional Torts i. Preponderance of evidence
    i. Insanity ii. Prove act was unreasonable under
    ii. Self-Defense standard care application
    iii. Defense of Property iii. Res Ipsa Loquitur
    iv. Necessity d. Causation
    v. Consent i. Cause in Fact
    1. “But for” Test
    ii. Proximate Cause
    1. Foreseeability Test
    2. Direct Cause Test
    3. Indirect Cause
    e. Defense to Negligence
    i. Comparative Negligence
    ii. Contributory Negligence
    f. Joint Tortfeasors
    i. Joint Liability
    ii. Several Liability

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