Torts

This chart looks a lot like the flow chart on negligence. As you can see, the analysis of strict product liability (which arises any time the plaintiff is harmed by a defective consumer product) is...

Breach of warranty is an issue under both Contracts and Torts. The applicable warranties arise under UCC §§ 2-313, 2-314, and 2-315, and accordingly are related to the law of contracts. When a...

This flow chart breaks down the analysis of the damages element of a defamation claim. The rules for recoverable damages in defamation depend on whether the alleged defamatory statement constitutes...

This flow chart walks through the appropriate rules to use in the “Duty” section of a negligence analysis when the defendant is an owner or occupier of land. Your first task in a negligence...

This flow chart separates out the proximate cause element of negligence and strict liability and walks you through the analysis. If there are no intervenors, the analysis is very simple – identify...

This flow chart is designed to simply give you a snapshot of the negligence analysis. It is divided by element, and color-coded to help you distinguish the elements. For more information on the...