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Torts by Mind Map: Torts

1. Purpose of Tort Law

1.1. To restore the injured parties to their original state before the actions of the defendant

1.2. Deter wrongful conduct

1.3. encourage socially acceptable behavior

1.4. Provide a peaceful means of giving rights to parties

2. Damages

3. Immunities

4. Statute of Limitations

4.1. Period of time in which a lawsuit must be filed when the cause of action accrues

4.2. Key Concepts

4.2.1. Classification of Actions under Statue of Limitations

4.2.1.1. Second most common legal malpractice is under classification of actions

4.2.1.2. Failure to recognize the statute of limitations is a cause of action against the attorney

4.2.2. Accrual

4.2.2.1. Cause of actions Accrue, or time that passes during a claim

4.2.3. Complete Bar of actions

4.2.3.1. Can be the strongest case, but is immediately barred due to expiration of the claim

4.2.3.2. Most Popular Malpractice Claim is when an attorney allows the claim to expire

4.2.3.2.1. Failure to file in a timely manner after interview

4.2.3.3. Is a defense!

4.3. Statute of Repose

4.3.1. Period after which you cannot sue, even if cause has yet to accrue

4.3.2. Typical in manufacturing.

4.3.3. Minority view

4.4. Tolling

4.4.1. Term of art for statues of limiation

4.4.2. Time stops running for disabilities

4.4.2.1. Examples

4.4.2.1.1. Minor

4.4.2.1.2. Incompetence

4.4.2.1.3. Fraudulent Defendant

4.4.2.1.4. Some include Military Service or Imprisonment

4.5. Discovery Rule

4.5.1. Postpones the accural of a cause of action so long as a party is reasonably unaware either that he has been injured, or that injury is due to the fault or neglect of an identifiable individual or entity

4.5.1.1. At what point do you know or should know of the harm caused

4.5.1.2. Rule of Equity

4.5.2. Tolled until plaintiff knew or should have known injury was of tortious origin

4.5.3. Reasonable inferences of the case leads to conclusions

4.5.4. Subjective and objective

4.5.4.1. Subjective: What did he know?

4.5.4.2. Objective: What would a Reasonable Prudent Person know?

4.5.5. Graves Case (Drinking Baking Soda)

4.5.5.1. Inadequate Warning by jury

4.5.5.2. Warning not proximate

4.5.6. W/o Large # of toxic Torts would not exist

4.6. Special Cases

4.6.1. Wrongful death statute will expressly list Statue of limitations, does not allow discovery rule

4.6.2. Complications of injury/2nd disease

4.6.2.1. Begins to run when some actionable harm occurs, not full blown

4.6.2.1.1. IUD causes Pelvic Inflammatory Disease, and later infertility

4.6.2.1.2. Accrual beings with PID, not infertility

4.6.2.2. If pressure by statute of limitations and case is adjudicated, then becomes more serious disease

4.6.2.2.1. Typically couldn't seperate, now a claim can be brought for second disease, such that no release was signed.

4.6.3. Notice of Claim Statutes

4.6.3.1. Statutes w/ limited waiver for state lawsuits, a notice of claim must be submitted in addition to the statute of limiations

5. Primary Causes of Action

5.1. Intentional Torts

5.1.1. Require Intent

5.1.1.1. Intent can Transfer between the 5 original torts, Battery, Assault, Trespass to Land, Trespass to Chattels, False Imprisonment. This is transferred Intent.

5.1.2. Offenses

5.1.2.1. Offenses to Person

5.1.2.2. Offenses to Property

5.1.3. Defenses

5.2. Negligence

5.3. 1

5.4. Joint TortFeasors

5.5. Strict Liability

5.6. Dignitary Torts

5.6.1. Defamation

5.6.2. Misrepresentation

5.6.3. Invasion of Privacy

6. Other Liability Issues

6.1. Vicarious Liability

6.2. Wrongful Death/Survivorship Actions