TABLE OF CONTENTS

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CHAPTER 1. GENERAL INSTRUCTIONS

A. INSTRUCTIONS BEFORE TRIAL

Before Voir Dire	1.01

After Voir Dire and Before Trial	1.02

Use of Juror Notes	1.03

Corporation not to be Prejudiced	1.04

Insurance and Insurance Companies	1.05

Juror Questions	1.06

CHAPTER 2. EVIDENCE

A. GENERAL RULES

Evidence	2.01

Direct and Circumstantial Evidence	2.02

Weighing Conflicting Testimony	2.03

Absence of Witness or Evidence	2.04

Limited Admission of Evidence - Parties or Purpose	2.05

Deposition Testimony	2.06

Interrogatories	2.07

Requests for Admissions	2.08

Stipulations	2.09

Failure of Party to Testify Concerning Conversations

With Deceased or Incompetent Person	2.10

Judicial Notice	2.11

B. EVALUATION OF EVIDENCE

Credibility of Witness	2.20

Discrepancies in Testimony	2.21

Witness Willfully False	2.22

Admissions Implied From Silence	2.23

Privileges	2.24

Physical Laws, Facts	2.25

Evidence of Settlement	2.26

C. EXPERT TESTIMONY

Expert Testimony - Determination of Weight	2.30

Hypothetical Question	2.31

Computer Animation	2.32

Computer Simulation	2.33

D. BURDEN OF PROOF

Burden of Proof - Preponderance of Evidence	2.40

Burden of Proof - Clear and Convincing Evidence	2.41

CHAPTER 3. NEGLIGENCE, FAULT AND
CAUSATION

A. INTRODUCTION

Introduction - Comparative Fault Suggested Outline

B. RIGHT TO RECOVER

Determination of Whether Plaintiff Entitled to Recover a Verdict -

No Issue of Comparative Fault	3.01

Admitted Fault	3.02

C. STANDARD OF CARE

Definition of Negligence	3.05

Right to Assume Other's Normal Faculties	3.06

Standard of Care Imposed on Minors	3.07

Sudden Emergency	3.08

Negligence Per se	3.09

D. CAUSATION

Causation	3.20

Cause in Fact	3.21

Legal Cause	3.22

When Precise Cause Cannot be Identified	3.23

Superceding Cause	3.24

E. FAULT

Willful or Wanton Misconduct	3.30

Gross Negligence	3.31

Suit for Injury to Minor as Affected by Fault of Parent	3.32

Suit for Injury to a Minor - Parent's Special Damages	3.33

Direction Against Imputation of Driver's Fault to Plaintiff Rider	3.34

F. COMPARATIVE FAULT

Comparative Fault, Theory and Effect	3.50

Comparative Fault, Basis of Comparison	3.51

Additional Factors for Comparing Fault	3.52

Where Claim is Made Against One not Joined as a Party	3.53

Wrongful Death	3.54

Comparative Fault - Principal-Agent Directed Imputation	3.55

Respondeat Superior	3.56

Principal and Agent Sued - Disputed Agency	3.57

Explanation of Verdict	3.58

Jury Verdict Form	3.59

Comparative Fault Verdict Form - No Counterclaim	3.60

Comparative Fault Verdict Form - Two Plaintiff Passengers

Counter Claims Between Two Drivers	3.61

Comparative Fault Verdict Form - (Multiple Defendant Case Where Each

Defendant Asserts The Other Defendant or Non-Party is at Fault and That

The Plaintiff is Also at Fault)	3.62

Considering Employer's Conduct - Products Liability	3.63

CHAPTER 4. TORT LAW - SPECIAL DOCTRINES

A. RES IPSA LOQUITUR

Res Ipsa Loquitur	4.01

B. INTOXICATION

Intoxication - Definition	4.10

Intoxication as Negligence	4.11

C. ASSUMPTION OF THE RISK

Express Assumption of the Risk	4.15

D. DANGEROUS ACTIVITY

Care Required When One Must Work in a Dangerous Activity	4.20

High Duty of Care in Dangerous Activity	4.21

Duty When Engaged in Electrical Activity	4.22

Ultra-Hazardous Activities - Strict Liability	4.23

E. VOLUNTEERS

Volunteers	4.30

Duty to Render Aid	4.31

F. EMOTIONAL DISTRESS

Intentional Infliction of Emotional Distress	4.35

Negligent Infliction of Emotional Distress - (Stand Alone Claim)	4.36

Negligent Infliction of Emotional Distress - (Bystander Claim)	4.37

G. RESCUE DOCTRINE

Emergency Situation - Rescue of a Person	4.50

Emergency Situation - Rescue of Property	4.51

CHAPTER 5. MOTOR VEHICLES

A. DUTY OF DRIVER

Duty of Driver	5.01

Right of Way Defined	5.02

Right of Way May Be Waived	5.03

Through Highway or Yield Intersection - Immediate Hazard Defined	5.04

Intersection Controlled by Traffic Light	5.05

Close Following	5.06

Turning a Vehicle	5.07

Left Turn - Immediate Hazard Defined	5.08

Definition of Roadway	5.09

B. PEDESTRIANS

General Duty	5.20

Pedestrians - Right of Way	5.21

Change of Signal After Crossing Begun	5.22

C. PASSENGERS

Duty of Passenger	5.30

Fault of Driver not Imputed to Passenger	5.31

D. EMERGENCY VEHICLES

Authorized Emergency Vehicle Exemption	5.40

Test of Emergency	5.41

Emergency Vehicles - Duty of Others	5.42

E. NEGLIGENT ENTRUSTMENT

Negligent Entrustment	5.50

CHAPTER 6. OTHER NEGLIGENCE ACTIONS

A. PROFESSIONAL NEGLIGENCE

Professional Fault	6.01

Duty of a Specialist	6.02

Professional Perfection not Required	6.03

Duration of Professional Responsibility	6.04

Standard of Care Determined by Expert Testimony	6.05

B. ATTORNEY FAULT

Attorney Fault - Litigation - Burden of Proof	6.07

Attorney Fault - Non Litigation - Burden of Proof	6.08

C. MEDICAL NEGLIGENCE

Duty of Physician	6.10

Duty of Specialist	6.11

Perfection not Required	6.12

Duty to Disclose When Doctor not Qualified	6.13

Alternate Methods	6.14

Duty to not Abandon Patient	6.15

Medical Negligence - Referring Patient	6.16

Vicarious Liability of Physician	6.17

Standard of Medical Care Determined by Expert Testimony	6.18

Res Ipsa Loquitur - Disputed Causation - Medical	6.19

Res Ipsa Loquitur - Medical	6.20

Patient's Duty to Follow Instructions	6.21

Duty to Warn Family Members	6.22

D. CONSENT

Informed Consent	6.25

Authorized Consent	6.26

Capacity to Consent	6.27

When Consent to an Operation not Necessary	6.28

Emergency Arising Before Treatment or Surgery	6.29

Reality of Consent - Duty to Disclose	6.30

Unauthorized Procedure - Medical Battery	6.31

Sudden Emergency During Treatment	6.32

E. HOSPITALS

Duty of a Hospital	6.35

Vicarious Liability - Hospital	6.36

Medical Malpractice - Physician as Agent While Controlling Operation	6.37

Medical Malpractice - Liability for Negligence of Physician Selected	6.38

F. COMMON CARRIERS

General Duty of Carrier	6.45

Safe Place to Board and Alight	6.46

Duty of Passenger	6.47

Relationship Between Passenger and Carrier	6.48

G. RAILROAD CROSSINGS

Duty of One Crossing Tracks	6.50

Duty of Railroad Company at Crossing	6.51

Speed at Private Right of Way	6.52

Speed at Public Highway Crossings	6.53

Ordinance or Regulation Fixes Minimum Care Required of Railroad	6.54

Failure of Warning Devices	6.55

H. ANIMALS

Dangerous Animals	6.65

Dog Attack - Off Premises	6.66

Dog Attack - On Premises	6.67

Livestock At Large	6.68

I. FOOD CONTAMINATION

Negligent Food Contamination	6.70

J. NEGLIGENT ENTRUSTMENT

Negligent Entrustment	6.80

CHAPTER 7. LIBEL

Libel Defined	7.01

Ordinary (Non-Privileged) Libel - Essential Elements	7.02

Ordinary (Non-Privileged) Libel - Truth as a Defense	7.03

Libel in Privileged Situation - Essential Elements	7.04

Recklessness - Public Official	7.05

Compensatory Damages	7.06

Punitive Damages in Libel Actions	7.07

CHAPTER 8. INTENTIONAL TORTS

A. ASSAULT AND BATTERY

Definition-Assault	8.01

Definition-Battery	8.02

Right to Recover	8.03

Words not Provocation	8.04

Police Making A Lawful Arrest	8.05

Use of Deadly Force by an Officer	8.06

Self Defense-Defense of Property	8.07

B. FALSE IMPRISONMENT

Definition	8.10

Arrest by a Law Enforcement Officer Without Warrant	8.11

Arrest by Private Person	8.12

Right of Reasonable Detention by Property Owner	8.13

Reasonable Cause for Arrest	8.14

Use of Force by a Merchant in Recovering Property From a Suspected Shoplifter	8.15

Use of Force in an Arrest by a Private Person	8.16

Permissible Damages	8.17

C. MALICIOUS PROSECUTION

Introduction - Malicious Prosecution	8.20

Necessary Elements	8.21

Malice and Malicious Defined	8.22

Probable Cause	8.23

Reasonable Investigation	8.24

Probable Cause - Advice of Counsel	8.25

Malicious Continuation of Prosecution	8.26

Damages - Malicious Prosecution	8.27

D. ABUSE OF PROCESS

Definition - Abuse of Process - Elements	8.30

E. MISREPRESENTATION

Introduction	8.35

Intentional Misrepresentation	8.36

Expression of Opinion	8.37

Misrepresentation by Concealment	8.38

Nondisclosure of Known Facts	8.39

Fraudulent Conveyance to Defeat Surviving Spouse of Share in Estate	8.40

Promise Without Intent to Perform	8.41

Proof of Intent not to Perform	8.42

Negligent Misrepresentation	8.43

Liability to Third Persons for Negligent Misrepresentation	8.44

Persons to Whom Representations Made	8.45

Reliance	8.46

Right to Rely	8.47

Effect of Independent Investigation	8.48

Damages - Benefit of the Bargain Rule	8.49

F. RETALIATORY DISCHARGE FROM EMPLOYMENT

Retaliatory Discharge from Employment - Common Law Claim	8.60A

Retaliatory Discharge from Employment - Whistleblower Protection

(Tennessee Public Protection Act)	8.60B

(Tennessee Human Rights Act) Retaliation	8.60C

Pretext	8.61

G. CONVERSION

Conversion	8.65

H. INVASION OF PRIVACY

Invasion of Privacy	8.70

CHAPTER 9. OWNERS AND OCCUPIERS OF LAND

A. OWNERS AND OCCUPANTS

Duty of Owners, Occupants or Lessors of Premises	9.01

Premises - Unsafe Condition	9.02

Trespassers	9.03

Trespassing Children	9.04

Plaintiff's Duty of Care	9.05

Duty to Workers - Control	9.06

Duty to Workers - Hazardous Situations	9.07

Owner of Property Adjoining Sidewalk	9.08

Adjoining Owner Creating Hazard on Sidewalk	9.09

Pedestrian's Rights and Duties on Sidewalks	9.10

B. NUISANCE

Nuisance - Definition	9.13

Temporary Nuisance - Damages	9.14

C. LEASED PREMISES

Landlord's Liability - Accident on Leased Premises	9.20

Common Area or Area Under Landlord's Control	9.21

Rented Premises - Promise to Put or Keep Premises in Repair	9.22

Landlord's Liability to Invitee of Lessee - Property Leased for Public Purpose	9.23

CHAPTER 10. PRODUCTS LIABILITY

A. STRICT LIABILITY

Strict Liability	10.01

Strict Liability - Adequacy of Warning	10.02

Subsequent Alteration - Improper Maintenance and Abnormal Use	10.03

B. NEGLIGENCE LIABILITY

Manufacturer's Duty of Care	10.10

Seller's Duty to Inspect	10.11

Supplier's Duty to Warn	10.12

Maker of A Component Part	10.13

C. MISREPRESENTATION PRODUCTS

Misrepresentation - Products	10.18

D. WARRANTY LIABILITY

Breach of Warranty - Introduction	10.20

Notice of Breach	10.21

Express Warranty	10.22

Exclusion of Express Warranty	10.23

Buyer's Examination	10.24

E. IMPLIED WARRANTIES

Implied Warranty of Fitness	10.30

Implied Warranty of Merchantability	10.31

Warranty Implied by Course of Dealing or Usage of Trade	10.32

Implied Warranty - Real Estate - New Building	10.33

Disclaimer of Implied Warranties	10.34

F. MISCELLANEOUS

Effect of User's Allergy	10.40

CHAPTER 11. STATUTORY ACTIONS

A. EMINENT DOMAIN

Power of Eminent Domain	11.01

Burden of Proof	11.02

Measure of Damages - Property Taken	11.03

Partial Taking - Incidental Damages	11.04

Special Benefits	11.05

Moving Expenses	11.06

Leasehold Value	11.07

Leasehold Interest - Right of Lessee to Improvements	11.08

Diversion of Traffic	11.09

Inconvenience of Traffic Regulation	11.10

Loss of Business	11.11

Loss or Impairment of Access - No Other Property Taken	11.12

Right of Access Extends to Next Intersecting Streets	11.13

B. EMINENT DOMAIN - VALUATION EVIDENCE

Opinion of Valuation Witnesses	11.15

Comparable Sales	11.16

C. WILL CONTESTS

(a) General

Will Contest - Nature of Proceedings	11.30

Right of Testamentary Disposition	11.31

Due Execution	11.32

Testamentary Capacity	11.33

Mental Competency - Matters not Determinative	11.34

Mental Competency - Delusions	11.35

Mental Competency - Adjudication of Incompetency	11.36

(b) Undue Influence and Fraud

Undue Influence	11.37

Circumstances Probative of Undue Influence	11.38

Undue Influence - Confidential Relationship	11.39

Fraud	11.40

D. CONSUMER PROTECTION LAW

Consumer Protection Law (Consumer Protection Act of 1977) (Actual Damages)	11.45

Consumer Protection Law - Treble Damages (WITHDRAWN)	11.46

Consumer Protection Claim Brought with a Separate Claim

for Punitive Damages Under Another Theory	11.47

E. DISCRIMINATORY PRACTICES

(a) Introduction and Definitions

Introduction	11.50

Discriminatory Practice Definitions	11.51

Coercion - Intimidation	11.52

(b) Employment Discrimination

Employer Discriminatory Practices	11.53

Classification -Employees	11.54

(c) Age Discrimination

Age Discrimination - Requirements - Burden of Proof	11.55

(d) Handicap Discrimination

Handicap Discrimination, Burden of Proof	11.56

(e) Sexual Harassment

Sexual Harassment - Hostile Work Environment - Employee Liability - Burden of Proof	11.57

(f) Labor Organizations

Exclusion	11.58

Segregation or Classification	11.59

Referral	11.60

Employment Agency	11.61

Apprenticeship and Training Program	11.62

(g) Paternal Leave

Paternal Leave	11.63

(h) Public Accommodations

Place of Public Accommodations, Discrimination Forbidden	11.64

(i) Real Estate

Real Estate Buying Selling or Renting	11.65

Handicap Discrimination	11.66

Hazard Insurance	11.67

(j) Malicious Harassment

Malicious Harassment	11.70

(k) Damages

Introduction	11.74

Embarrassment and Humiliation	11.75

Mitigation of Damages	11.76

CHAPTER 12. VICARIOUS RESPONSIBILITY

A. AGENCY

Principal and Agent - Definition	12.01

Scope of Authority	12.02

Apparent Authority	12.03

Agent Attending to Personal Affairs	12.04

Directed Imputation - Both Principal and Agent Sued	12.05

Contested Imputation - Principal and Agent Sued	12.06

Contested Imputation - Principal Sued, not Agent	12.07

B. INDEPENDENT CONTRACTORS

Agent or Independent Contractor - Distinction	12.10

Employer of Independent Contractor - Inherently Dangerous Work	12.11

Employer of Independent Contractor - Nondelegable Duty	12.12

C. CORPORATIONS

Corporations - Parent or Stockholder Liability	12.15

D. PARTNERSHIP

Definition	12.20

Partner - Imputation of Negligence	12.21

E. JOINT VENTURES

Definition	12.30

Imputation of Contributory Negligence to Plaintiff - Contested Joint Venture	12.31

F. PARENTS

Parents - General Rule	12.40

Duty to Supervise Minor Child	12.41

Family Purpose Doctrine	12.42

CHAPTER 13. CONTRACTS

A. CONTRACTS DEFINED

Definition	13.01

B. FORMATION

Offer	13.02

Acceptance	13.03

Consideration	13.04

Competent Parties	13.05

Legal Purpose	13.06

C. FORM OF CONTRACT

Form of Contract	13.07

Parol Agreements	13.08

D. WAIVER AND BREACH

Waiver	13.09

Breach	13.10

Repudiation	13.11

Impossibility of Performance	13.12

Rescission	13.13

Procurement of Breach	13.14

Procurement of Breach of Contract - Damages	13.15

Intentional Interference with Business Relationship	13.16

E. INSURANCE CONTRACTS

Fire Insurance Claim	13.20

Theory of the Plaintiff	13.21

Theory of Insurance Company	13.22

Defense of Arson	13.23

Defense of Misrepresentation of Loss	13.24

Defense of Misrepresentation on Application for Insurance	13.25

Insurance Contracts - Failure to Give Timely Notice	13.26

F. BAD FAITH

Insurance Company Bad Faith Penalty	13.30

Policy Holder Bad Faith Penalty	13.31

G. VERDICT FORM - INTEREST

Pre-Judgment Interest	13.35

Fire Insurance Claim, Special Verdict Form	13.36

H. EMPLOYMENT CONTRACTS

Contract of Employment	13.40

Plaintiff's Burden of Proof	13.41

Employer's Burden of Proof	13.42

Damages	13.43

Acknowledgment

CHAPTER 14. DAMAGES

A. TORT DAMAGES

Compensatory Damages	14.01

(1.) Personal Injury

Medical Bill Presumption	14.12

Aggravation of Pre-Existing Condition	14.14

Loss of Business Profits	14.15

Negligent Infliction of Severe or Serious Emotional Injury	14.17

Personal Injury - Spouse	14.20

Injury to Minor - Suit by Parents and Minor	14.25

Minor's Damages	14.26

Parents' Damages	14.27

(2.) Wrongful Death

Wrongful Death	14.30

Present Cash Value - Wrongful Death	14.31

(3.) Damage to Personal Property

Damage to Personal Property	14.40

Repair Bill - Presumption	14.41

Personal Property - Lost or Destroyed	14.42

Loss of Use	14.43

(4.) Damage to Real Property

Damage to Real Property	14.45

B. MISCELLANEOUS DAMAGE INSTRUCTIONS

Determining Future Damages Without Speculation	14.50

Personal Injury - Duty to Mitigate	14.51

Property Damage - Duty to Mitigate	14.52

Life Expectancy	14.53

Meaning of Present Cash Value	14.54

Punitive Damages	14.55

Punitive Damages - Amount	14.56

C. CONTRACT - WARRANTY - SALE OF GOODS

Introduction	14.60

Buyer's Damages for Non-delivery or Rejection	14.61

Buyer's Incidental Damages	14.62

Buyer's Consequential Damages	14.63

Buyer's Damages for Breach in Regard to Accepted Goods - Diminished Value	14.64

Seller's Incidental Damages	14.65

Seller's Damages on Resale of Goods	14.66

Seller's Damages for Non-Acceptance or Repudiation of Goods	14.67

Seller's Damages for the Price of Goods	14.68

D. CONTRACTS GENERALLY

Contracts Generally	14.70

Contracts - Wrongful Sale After Repossession	14.71

CHAPTER 15. INTRODUCTORY AND CONCLUDING INSTRUCTIONS

A. JUROR'S DUTIES - INTRODUCTORY

Respective Duties of Judge and Jury	15.01

Instructions to be Considered as a Whole	15.02

Statements of Counsel-Evidence Stricken Out-Insinuations of Questions	15.03

Ordinary Observations and Experiences	15.04

B. MULTIPLE PARTIES - INTRODUCTORY

Two or More Plaintiffs - Case of Each Separate	15.07

Each Defendant Entitled to Separate Consideration	15.08

C. SUPPLEMENTARY INSTRUCTIONS - CONCLUDING

Workers Compensation Benefits	15.10

All Instructions not Necessarily Applicable	15.11

Use of Juror Notes (After Trial)	15.12

D. JUROR'S VERDICT - CONCLUDING

How Jurors Should Approach Their Task	15.15

Each Juror Should Deliberate and Vote on Each Issue to Be Decided	15.16

Instruction as to Unanimous Verdict	15.17

Chance or Quotient Verdict Prohibited	15.18

Questions During Deliberations	15.19

Concluding Instruction	15.20

Page

Appendix (Includes Sample Comparative Fault Instructions)	Page 1 - 36

Cross Reference Table	Page 1 - 2

Parallel Reference Table	Page 1 -17

Table of Cases	Page 1 - 25

Index	Page 1 - 16