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9 Cards in this Set

  • Front
  • Back
3 Types of Damages
1. General Damage
2. Special Damage
3. Punitive Damage
2 Types of Tortes
1. Intentional Torte
2. Torte of Negligence
3 Elements of Intentional Tortes
1. Intention
2. Causation
3. Proscribed Harm
Types of Proscribed Harm
1. Battery
2. Assault
3. Fraud
4. False Imprisonment
5. Intentional Infliction of Mental Suffering
Elements of Negligence
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
Potential Basis For Professional Liability
1. Professional Liability
2. Criminal Liability
3. Contractual Duty
4. Fiduciary
5. Tortious Liability
Elements of a Fiduciary
1. Good faith
2. Care and Skills
3. Avoiding conflicts of interest
Torte of Negligence Elements
1. More transactions, more mistakes
2. More complex, more mistakes
3. Liberalization
Recent Developments in Tort Law
1. Extended Duty of Care
2. Duty of Care
3. Economic Loss
4. Standard of Care