Tort Law and Liability

1. Defenses to Tort Claims
   1. Contributory Negligence
      1. Historical Context
         1. Development in Common Law
         2. Changes in Legislation and Court Approaches
      2. Effects on Recovery
         1. Complete Bar to Recovery
         2. Exceptions and Criticisms
   2. Comparative Negligence
      1. Pure Comparative Negligence
         1. Definition and Application
         2. Advantages and Disadvantages
         3. Jurisdictions Utilizing this Approach
      2. Modified Comparative Negligence
         1. 50% Bar Rule
            1. Definition and Implications
            2. Case Examples
         2. 51% Bar Rule
            1. Definition and Differences from 50% Rule
            2. Impact on Plaintiffs and Defendants
         3. Criticisms and Benefits
   3. Assumption of Risk
      1. Express Assumption of Risk
         1. Formal Agreements and Contracts
         2. Validity and Enforceability Criteria
      2. Implied Assumption of Risk
         1. Situational Awareness and Voluntary Participation
         2. Impact in Sports and Recreational Activities
      3. Primary vs. Secondary Assumption of Risk
         1. Definitions and Distinctions
         2. Application in Case Law
   4. Consent
      1. Express Consent
         1. Legal Requirements and Documentation
         2. Revocation of Consent
      2. Implied Consent
         1. Determination through Conduct
         2. Healthcare and Emergency Situations
         3. Limitations and Misinterpretations
      3. Informed Consent in Medical Contexts
         1. Elements and Legal Requirements
         2. Consequences of Lack of Informed Consent
   5. Immunity
      1. Sovereign Immunity
         1. History and Rationale
         2. Federal Tort Claims Act and Its Provisions
         3. State Sovereign Immunity Variations
      2. Charitable Immunity
         1. Historical Basis and Modern Adjustments
         2. Scope and Limitations in Different Jurisdictions
      3. Legislative and Judicial Modifications
         1. Trends in Eroding Immunity Doctrines
         2. Policy Debates and Public Concerns
   6. Statute of Limitations
      1. Purpose and Function in Tort Litigation
         1. Justice and Judicial Efficiency
         2. Encouragement of Diligence in Legal Claims
      2. Variation by Claim Type
         1. Personal Injury vs. Property Damage
         2. Special Considerations for Minors and Disabled Individuals
      3. Tolling and Exceptions
         1. Discovery Rule
            1. Application in Latent Injury Cases
            2. Case Law Illustrations
         2. Fraudulent Concealment
         3. Equitable Tolling and Its Limits