Torts - Approach

Front 1

Torts Approach (1st step)

Back 1

Was Defendant's Act an ACCIDENT Or VOLITIONAL?

Front 2

If Defendant's Act was an
ACCIDENT - Discuss which tort theory?

Back 2

NEGLIGENCE

Front 3

If Defendant's Act was VOLITIONAL - Discuss which tort theory?

Back 3

INTENTIONAL TORTS

Front 4

INTENTIONAL TORTS APPROACH:

1.
2.
3.
4.

Back 4

1. Volitional Act
2. Intent
(Desired the tort OR
Substantially certain to occur)
3. Causation
(Direct Cause OR
Set a Force in Motion)
4. Did Plaintiff EXPERIENCE the
Intentional Tort?

Front 5

DANGEROUS ANIMALS - STRICT LIABILITY Approach:

Back 5

1. Known dangerous propensities
AND
2. Injury MUST RESULT FROM Dangerus propensities

(Almost always the case when it is a bite)

If Def. is a Zoo:
* It is against Public Policy to hold a zoo strictly liable

Front 6

NEGLIGENCE APPROACH:

1. ?

Back 6

1. DUTY
- Neglig. Per Se/Statute
- Foreseeable Pltff/Zone of
Danger
- Invitee/Licensee

Front 7

NEGLIGENCE APPROACH:

2. ?

Back 7

2. BREACH
- Unreasonable
- Res Ipsa Loquitur
- Cost v. Risk

Front 8

NEGLIGENCE APPROACH:

3. ?

Back 8

3. ACTUAL & PROXIMATE CAUSE

a. Actual Cause/But for...
b. Proximate Cause =
* Plaintiff's injury must be a FORESEEABLE CONSEQUENCE of Defendant's negligent act.

Front 9

NEGLIGENCE APPROACH:

4. ?

Back 9

4. DAMAGES