Attack outline
Torts Essay Attack
Review the Torts Essay Attack with ordered issue-spotting steps and Florida flags where relevant before you jump back into practice.
Ordered attack steps
- DUTY: General duty of reasonable care
- BREACH: Failure to meet standard
- CAUSATION: Actual (but-for) + Proximate (foreseeable)
- DAMAGES: Actual harm required
- MODIFIED comparative fault (51% bar rule)
- Plaintiff >50% at fault = recovers NOTHING
- Plaintiff ≤50% = recovery reduced by percentage
- EXCEPTION #1: If DEFENDANT was INTOXICATED → pure comparative applies
- EXCEPTION #2: Med mal still uses PURE comparative
- Abnormally dangerous activities
- Wild animals
- Products liability (manufacturing, design, warning defects)
- Battery: Harmful/offensive contact
- Assault: Apprehension of imminent contact
- False imprisonment: Confinement
- IIED: Extreme/outrageous conduct
- Trespass, Conversion
- Dangerous instrumentality: Owner liable for car
- Med mal presuit: Notice + 90-day wait REQUIRED
- Sovereign immunity limits
- Comparative fault (see above)
- Assumption of risk
- Consent
- Self-defense/defense of others
- Statute of limitations
- Compensatory (economic + non-economic)
- Punitive (gross negligence/intentional)
- Mitigation duty