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STATE LAW CREATED
- BY JUDGES (COMMON LAW)
- BY LEGISLATURES (STATUTORY LAW)
- RESTATEMENT OF TORTS (2ND)
- RESTATEMENT OF TORTS (3RD)
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INFLUENTIAL GUIDE
- AMERICAN LAW INSTITUTE
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FUNCTION
- PROVIDE RELIEF FOR DAMAGES
- DETER OTHERS FROM DOING SAME HARM
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INJUNCTION
- PREVENT CONTINUATION FURTHER TORTIOUS CONDUCT
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MONEY DAMAGES
- LOSS OF EARNINGS CAPACITY
- PAIN & SUFFERING
- REASONABLE MEDICAL EXPENSES
- PRESENT LOSSES
- FUTURE LOSSES
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AREAS
- NUISANCE
- DEFAMATION
- INVASION OF PRIVACY
- ECONOMIC TORTS
-
SPECIFIC TORTS
- TRESPASS
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ASSAULT
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OVERT ATTEMPT
- TO PHYSICALLY INJURE
- CREATE A FEELING OF FEAR & APPREHENSION
- NO PHYSICAL CONTACT NEED TAKE PLACE
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BATTERY
- ACTUAL PHYSICAL CONTACT; INJURY
- NEGLIGENCE
- PRODUCTS LIABILITY
- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
- LIBEL
- SLANDER
- ASSAULT & BATTERY
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CATEGORIES
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INTENTIONAL
- DUTY OF CARE
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KNEW OR SHOULD HAVE KNOWN
- ACTIONS
- NON-ACTIONS
- ATTEMPTS
- INTENDS
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TO DO HARM
- SHOULD HAVE FORESEEN & PREVENTED BY EXERCISING PROPER CARE
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NEGLIGENT
- DUTY OF CARE
- ACTIONS REASONABLY UNSAFE
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ELEMENTS OF NEGLIGENCE
- DUTY TO PROTECT FROM UNREASONABLE RISKS
- FAILURE OF DUTY; FAILURE TO EXERCICES RESASOABLE STANDARD OF CARE
- CAUSAL CONNECTION BETWEEN BREACH OF DUTY OF CARE AND RESULTING INJURY
- ACTUAL PHYSICAL OR MENTAL INJURY RESULTING FROM NEGLIGENCE
- MUST PROVE
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STRICT LIABILITY
- ACTION CAUSES DAMAGE
- ACTS ARE NEITHER EXPECTED NOR INTENDED
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DEFINED
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ACTION RESULTING IN INJURY OR HARM
- CIVIL WRONG
- CRIMINAL WRONG
- AN INJURY TO A PERSON FOR WHICH THE PERSON WHO CAUSED THE INJURY IS LEGALLY RESPONSIBLE
- CIVIL WRONG WHICH CAN BE REDRESSED BY AWARDING DAMAGES
- DEFINED