Defenses/Immunities (3)

Description

Law School (1L) Torts Mind Map on Defenses/Immunities (3), created by Mark Jones on 26/08/2014.
Mark Jones
Mind Map by Mark Jones, updated more than 1 year ago
Mark Jones
Created by Mark Jones over 9 years ago
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Resource summary

Defenses/Immunities (3)
  1. Comparative Fault
    1. 51% Rule

      Annotations:

      • If the π fault is 51% and ∆ fault is 49%, the π recovery of damages is bared.
      1. 49% Rule

        Annotations:

        • Equal fault 50/50 π loses and can not recover damages.
        1. Pure Fault

          Annotations:

          • If π fault is 95% at fault the π can recover 1%
          1. Knowledge of the Risk
            1. Assuming the Risk
              1. Probability of Risk to π
                1. Gravity of Harm
                  1. Number of People at Risk
                    1. Goal of π Conduct
                      1. Capacity of π
                        1. Emergency
                          1. Proximity of Harm
                          2. Contributory Negligence
                            1. Assumption of Risk

                              Annotations:

                              • The π fully understands the risk of harm.
                              1. Express
                                1. Implied
                                  1. Primary
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