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Cartoons, -> Tort Cartoons
apparent agency vicarious liability
Description:
Roessler v. Novak; a principal may be held liable for the acts of an agent if the principal permits the appearance of authority in the agent. independent contractor
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res ipsa loquitur
Description:
States v. Lourdes Hospital; doctrine of res ipsa loquitor; factfinder; draw an inference of negligence; kind that ordinarily does not occur absent negligence.
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economic loss rule
Description:
532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.; adjoining landowners; purely economic losses; construction defects
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Proximate Cause
Description:
Doe v. Manheimer; a negligent act is the legal cause of a plaintiff's injury only if the injury would not have occurred without the act, and if the negligent act was a substantial factor in producing the plaintiff s injury.
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the firefighter's rule
Description:
Levandoski v. Cone; the firefighter's rule does not bar recovery from a tortfeasor who is neither a landowner nor a person in control of the premises; invitee; licensee
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Website Owner Liability For Visitor Posts
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Description:
Carafano v. Metrosplash.com, Inc.; a website host is not liable for false information posted by a visitor as a publisher or speaker; invasion of privacy; defamation; right of publicity
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Fair Use Parody
Description:
Winter v. DC Comics; the first amendment; appropriation of a likeness; more than merely copying the likenes; right of publicity claim; significant transformative elements; value of work does not derive primarily from celebrity's fame; fair use; parody
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