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How to Do a Tort Analysis

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How to Do a Tort Analysis

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    1. How to Do a Tort Analysis A Step by Step Guide

    2. Is it an intentional or a negligent tort? Intentional Injury? An accident? (Skip to 4)

    3. If an intentional tort, what type is it? Assault Battery Conversion Trespass to Land Malicious Prosecution False Imprisonment Defamation Interference w/ Contract Relations Infliction of Mental Distress Invasion of Privacy

    4. Do the Facts Described in the Scenario Fit the Text Definition of the Tort? Text Description of Tort Battery is un-permitted, unprivileged, intentional contact with another’s person. Factual Scenario

    5. If it is a Negligent Tort Defendant’s duty to care ? Defendant’s negligence ? Should the defendant have foreseen the possibility of harm ? Was the defendant’s negligence the proximate cause of the plaintiff’s injuries ? What were the nature and extent of the plaintiff’s injuries?

    6. Does the Defendant have a Defense Against Negligence? Assumption of Risk? Contributory Negligence?

    7. Product Liability? Failure to Warn Strict Liability

    8. Ultra-hazardous Activity

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