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II. Negligence: 1) Duty, 2) Standard of Care, 3) Breach, 4) Cause in Fact and Proximate Cause, 5) Damages
Duty: Obligation to conform to a standard of conduct to protect others from unreasonable risk.-Duty owed to foreseeable plaintiffs.-No
affirmative duty to aid in rescue, unless conduct cause peril.-Nonfeasence: Failure to do something.-Control Third Parties: Special
Relationship, Negligent Entrustment.-Government: Proprietary-Duty, Discretionary: No Duty, Ministerial: Duty.
NIED: Zone of Danger, Accompanying physical injury.-Bystander: Located near the scene, shock resulting from observance, had
a close relationship with victim.
Possessors of Land: Invitee: Inspect and make safe, Licensee: Warn, Trespassers: None if unknown, if known duty to warn of
hidden dangers. Children: Attractive Nuisance.
Standard of Care: Reasonably Prudent person under the same or similar circumstances, not altered by voluntary intoxication. Children:
Reasonable Child of same Age, Education, Intelligence, and experience. Adult activities conform to adult standard of care.
Breach of Duty: Conduct fails to conform to standard of care.
Cause in Fact: Actual cause must be proved by a preponderance of the evidence.
Proximate Cause: Foreseeable plaintiff within the zone of danger. Superseding Cause: breaks the chain of causation (i.e. acts of god,
criminal acts of 3p, intentional torts of 3p, and extraordinary negligent conduct.-Intervening Cause: Subsequent Malpractice, Illness, and
Negligent Rescue Effort.
Damages: must prove actual damages.-Assumption of Risk: Express or Implied
V. Nusaince: Substantial interference with the use and enjoyment of land or right. Basis may be intentional, negligence or absolute. Public
v. Private, Damages or Injunction may be awarded.
VI. Defamation: 1) Defamatory Message 2) Publication 3) Damages: Pecuniary Required for Slander, Punitive Requires Evil
Slander Per Se: crime or moral turpitude, loathsome disease, business reputation, chastity Public Official: Malice
Defenses: Truth, Absolute Privilage
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MBE TORTS