All torts have the same basic elements. The defendant must breach a duty of care owed to the plaintiff. The defendant's breach must be the causation in fact and the proximate cause of the plaintiff's injury. Also, the defendant must not have any defenses. T F A defendant commits common law fraud when the defendant makes mis representations or omissions of material fact which induce the plaintiff's justifiable reliance and cause the plaintiff's injury.
All defamation is express.
When a rescuer comes to the aid of a plaintiff in peril the defendant is legally liable for injuries to the plaintiff but the defendant is not legally liable for injuries to the rescuer. T F A latent defect is a defect subjectively known by the defendant or a reasonable inspection by the plaintiff will not discover it. The defendant will prove the defense of assumption of the risk when the defendant proves that the plaintiff knowingly or voluntarily exposed the plaintiff to the risk. Today, a plaintiff's contributory negligence coupled with the plaintiff having the last clear chance to avoid the injury will treated by the law in the same fashion as a plaintiff's comparative negligence. That is, in both cases the plaintiff will lose on a motion to dismiss.