Question
orts:Intentional, Negligent and Strict Liability 1.What makes a tort intentional?Intent to harm?Intent to act?Can intent be transferred?Does it matter that the harm is unforeseeable or
orts:Intentional, Negligent and Strict Liability
1.What makes a tort intentional?Intent to harm?Intent to act?Can intent be transferred?Does it matter that the harm is unforeseeable or far more severe than anticipated/foreseeable?
2.What damages are available in a tort and product liability lawsuits?What do compensatory damages typically cover?When might punitive damages be awarded?
3.What does Georgia law is the purpose of punitive damages?
a.What standard of proof is required?
b.How does Georgia treat punitive damages in non-product liability tort cases?In product liability cases?
4.What elements must a plaintiff prove to hold a defendant liable for each of the following intentional torts against persons or property?What defenses may be available?
a.Assault and Battery
b.False imprisonment
c.Invasion of privacy
i.Intrusion
ii.Misappropriation of name and identity or personality
d.Defamation (libel and slander) and disparagement (sometimes called commercial disparagement)
e.Intentional infliction of emotional distress (how does it differ from negligent infliction of emotional distress?)
f.Fraud and Misrepresentation
g.Wrongful Interference with Contract
5.What are the elements of negligence?
a.What do the courts mean by the objective, reasonable person standard for determining whether a defendant breached a duty of care owed by plaintiff?
b.How and why can the standard of care the law imposes vary depending on age, type of enterprise and one's professional qualifications?
c.What are invitees, licensees and trespassers and what standard of care do property owners owe to these groups?
6.What is the difference between actual (but for) cause and proximate cause?Why are both required for a defendant to be found liable for negligence?
7.What are the special negligence doctrines?
a.What is negligence per se?
b.What is gross negligence and what does it require?
c.What is the doctrine of res ipsa loquitur and how does it operate in a negligence case?
d.What are the elements of the Georgia dram shop law?When can social hosts be liable?
8.What defenses might the defendant raise in a negligence case?What does each mean and how do they work?
9.What is strict liability in tort?When might it be imposed?
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