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9 Cards in this Set
- Front
- Back
3 Types of Damages
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1. General Damage
2. Special Damage 3. Punitive Damage |
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2 Types of Tortes
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1. Intentional Torte
2. Torte of Negligence |
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3 Elements of Intentional Tortes
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1. Intention
2. Causation 3. Proscribed Harm |
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Types of Proscribed Harm
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1. Battery
2. Assault 3. Fraud 4. False Imprisonment 5. Intentional Infliction of Mental Suffering |
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Elements of Negligence
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1. Breach of the standard of care set by law
2. Clamant must suffer damages 3. Damage suffered must be caused by negligent conduct of defendant 4. Must be a duty to recognize by law to avoid this damage 5. Damage should not be too remote a result of defendant’s conduct 6. Plaintiff’s conduct can’t bar Recovery |
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Potential Basis For Professional Liability
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1. Professional Liability
2. Criminal Liability 3. Contractual Duty 4. Fiduciary 5. Tortious Liability |
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Elements of a Fiduciary
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1. Good faith
2. Care and Skills 3. Avoiding conflicts of interest |
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Torte of Negligence Elements
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1. More transactions, more mistakes
2. More complex, more mistakes 3. Liberalization |
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Recent Developments in Tort Law
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1. Extended Duty of Care
2. Duty of Care 3. Economic Loss 4. Standard of Care |