Proximate Cause
The minority and majority approach to proximate cause.
What are directness (minority) and foreseeability (majority)?
What is a private nuisance claim?
Even when utmost reasonable care is used, if injury occurs, the defendant is liable.
What is strict liability?
Elements to defamation.
The 6 types of damages.
What are (1) compensatory, (2) punitive, (3) preventative, (4) declaratory, (5) restitutionary, and (6) ancillary.
An intervening action that breaks the causal connection between defendant's negligent act and plaintiff's ultimate injury.
What is a superseding force?
This claim is when there is an unreasonable interference with a right to the general public.
What is a public nuisance claim?
The different types of creatures that a defendant can be strictly liable for.
What are wild animals (always S.L.), livestock (liable for trespassing and personal injury), and domestic animals (not S.L. unless known propensity)?
What is defamation of a public figure or involves a matter of public concern and are (1) falsity and (2) fault.
The two different categories of damages and their differences.
What are (1) general that are hard to calculate and have no true set economic value and (2) special which are economically calcuable and have receipts?
A defense to negligence that completely bars plaintiff from recovery if they are partially negligent.
What is contributory negligence?
The circumstances in which a private person can bring a public nuisance claim.
What is when there are special/unique individual damages to that private party that are different than the damages to the public as a whole?
Categories of persons protected in regard to strict liability of animals.
The two types of defamation and their subcategories.
What are libel (written) and slander (oral). Libel per se (on its face), libel per quod (extrinsic facts needed) and slander per se ("CLUB")?
The measuring factors for this are economic loss, loss of support, replacement labor, and creditors are not able to attach to this.
What is wrongful death?
Defense to negligence that does not bar a plaintiff from recover but effects their recovery - two types.
What are pure comparative negligence and modified comparative negligence?
The elements of nuisance.
What are (1) intentional; (2) indirect or intangible interference; (3) with owner's; (4) use and enjoyment of their land.
The test used to determine whether an activity is abnormally dangerous.
What is (1) that the activity must create a foreseeable risk of serious harm and when reasonable care is exercised and (2) the activity is not a manner of common usage.
The types of invasion of privacy tort claims.
What are (1) intrusion upon seclusion, (2) false light, (3) public disclosure of private facts, and (4) appropriation?
The measuring factors for this are from the day of the accident to the day of death, earnings lost, medical expenses, economic potential, pain and suffering, death, and funeral. Creditors can attach to this.
What are survival damages?
When the plaintiff knew of the possible risk and proceeded anyways - two types, second type has two subcategories.
What is express and implied primary and secondary assumption of the risk?
The remedies for nuisance.
What are compensatory damages, punitive damages, injunctions, and compensated injunctions.
The defenses to strict liability.
What are assumption of risk or contributory/comparative fault?
The types of commercial tort claims.
What are (1) interference with contractual business relations, (2) interference with prospective business relations, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) breach of fiduciary duty, (6) injurious falsehood (trade libel), and (7) misappropriation of trade secrets?
The types of personal injury.
What are medical expenses, earnings lost, pain and suffering, and punitive?