Quizmaster Point of Law Review: Torts - Paperback

by Eric Allen Engle LL M. (Author)

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TESTED TERMS OF ART TAUGHT HEREIN!

1. Duty
   status
   contract
   foreseeability
2. breach
   standard of care
   reasonably prudent person
3. cause in fact=causa sine qua non=but for causality
4. proximate cause=legal cause
   foreseeability
   Hand's test
5. damages
   pure economic losses
   consequential damages
   punitive damages
6. defenses
   contributory negligence
   comparative fault
   res ipsa loquitor
   joint and several liability
   indeterminate cause
   probabilistic proof
   market share liability
   joint tort-feasors
   you need to know all that by heart to get through your torts exam and the bar and all that is in this book: the rules you need for the grades and pass you want. good luck!

Key Word Outline: every tort has these elements on (those grounds)

1. Duty (status contract foreseeability),
2. breach (standard of care, reasonably prudent person,
3. cause in fact=causa sine qua non=but for causality (res ipsa loquitor)
4. proximate cause=legal cause (foreseeability, Hand's test)
5. damages
   1. (pure economic losses,
   2. consequential damages,
   3. punitive damages,
   4. joint and several liability).

These are the defenses to a tort:

1. contributory negligence,
2. comparative fault,
3. indeterminate cause (probabilistic proof, market share liability, joint tort-feasors).

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Keywords: Act of God, Assumption of Risk, Battery, Bystander Recovery, Causation, Comparative Negligence, Compensatory Damages, Concurrent Causation, Consent, Conversion, Defamation, Defendant, Duty of Care, Eggshell Skull Rule, Elements of a Tort, Endangered Species Act, Fiduciary Duty, Fraud, Good Samaritan Law, Gross Negligence, Harm, Injunction, Intentional Infliction of Emotional Distress, Intentional Torts, Interference with Contractual Relations, Interference with Prospective Economic Advantage, Judgment Notwithstanding the Verdict, Legal Cause, Liability, Libel, Malice, Malpractice, Misrepresentation, Mitigation of Damages, Negligence, Nuisance, Pain and Suffering, Pecuniary Damages, Per se Rule, Plaintiff, Pleading, Presumption of Negligence, Products Liability, Proximate Cause, Punitive Damages, Recklessness, Res Ipsa Loquitur, Restatement (Second) of Torts, Strict Liability, Substantial Factor Test, Sudden Emergency Doctrine, Tortfeasor, Trespass, Ultra Vires Act, Vicarious Liability, Wrongful Death.

Author Biography

Dr. Eric Engle LL.M. (Humboldt) earned law degrees in the United States (JD), France (DEA, Paris II), and Germany (LL.M., Humboldt, LL.M.Eur. Dr. Jur. Bremen) He passed the New York bar on his first attempt. He has taught law in France, Germany (Bremen, Humboldt), Moscow, Russia (Pericles), Estonia (Tartu) and Ukraine (Fulbright). These review quizzes are edited, revised, and written by him (c) Eric Engle, Urhebrrechtlich geschützt.