Legal 101: Understanding Torts: Civil Wrongs and Liability

I. Definition and Scope

• A tort is a non-contractual civil wrong causing legally recognized injury to person or property, resulting in civil liability (damages or equitable remedies).

II. Tort vs. Crime

• Tort: Plaintiff must prove liability by a preponderance of the evidence.

• Crime: Government must prove guilt beyond a reasonable doubt.

• Some acts (e.g., battery) carry both tort and criminal liability; a criminal conviction eases proof in subsequent tort claims.

III. Categories of Torts

1. Intentional Torts: Actor intends the harm or knows harm is substantially certain.

2. Negligence: Failure to exercise reasonable care, no intent required.

3. Strict Liability: Liability without fault for inherently dangerous activities or defective products.

4. Product Liability: Defects in design, manufacture, or warnings trigger liability (often under strict liability).

5. Employer (Vicarious) Liability: Employers liable for employees’ torts within scope of employment.

6. Joint & Several Liability: Multiple tortfeasors each owe full damages; co-defendants can seek contribution or indemnification.

IV. Intentional Torts

• Assault: Act causing reasonable apprehension of imminent harmful contact.

• Battery: Non-consensual harmful or offensive contact.

• False Imprisonment: Unjustified confinement without legal authority.

• Intentional Infliction of Emotional Distress: Outrageous conduct causing severe distress.

• Trespass to Land/Chattels: Unauthorized entry onto land or interference with personal property.

• Conversion: Permanent deprivation of another’s property.

• Defamation (Slander/Libel): False statement harming reputation; public figures require actual malice.

• Economic Torts: Disparagement, tortious interference with contract or prospective advantage, misappropriation.

Defenses: Consent, self-defense/defense of others, shopkeeper’s privilege (reasonable detention).

V. Negligence

1. Elements:

   • Duty of Care: Legal obligation to avoid foreseeable harm (general rule or special/ fiduciary relationships).

   • Breach: Failure of a reasonable person standard; may be inferred under res ipsa loquitur.

   • Causation:

     • Actual (“but-for”): Injury would not occur but for the breach.

     • Proximate: Harm was a foreseeable result of the breach.

   • Damages: Legally recognizable injury (economic, medical, pain and suffering).

2. Negligence Per Se: Violation of safety statute intended to protect plaintiff’s class from that harm; defenses include inability to comply, emergencies, or greater risk from compliance.

3. Defenses:

   • Assumption of Risk: Voluntary acceptance of known risks.

   • Open and Obvious Doctrine: Plaintiff proceeds despite clear hazards.

   • Comparative Negligence: Plaintiff’s recovery reduced by their fault percentage.

VI. Strict Liability

• Applies regardless of intent or care in:

  • Ultrahazardous Activities (e.g., explosives, wild animals).

  • Statutory Liabilities (serving alcohol to minors/intoxicated persons; sale of restricted items).

VII. Product Liability

• Design Defect: Reasonable alternative design could reduce risk.

• Manufacturing Defect: Deviation from intended design during production.

• Failure to Warn: Inadequate instructions or warnings on foreseeable misuse.

Defenses: Commercial seller limitation; assumption of risk; unforeseeable misuse; commonly known dangers; federal preemption in regulated industries.

VIII. Employer Liability

• Respondeat Superior: Employer liable for employee torts within scope of employment.

• Scope factors: job-related conduct, authorized time/place, employer benefit.

• Frolic vs. Detour: Major deviation (no liability) vs. minor (liability).

• Aided-in-the-Agency: Employer liable if position/authority facilitated the tort.

IX. Joint & Several Liability

• Each defendant may be sued for entire judgment; co-defendants can pursue contribution or indemnification agreements.

X. Remedies

1. Compensatory Damages: Medical, economic, pain and suffering.

2. Punitive Damages: For willful or wanton misconduct; limited by constitutional standards.

3. Equitable Relief: Injunctions to prohibit or compel conduct when damages are inadequate.

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References:

• Legal Contracts and Agreements for Entrepreneurs | Coursera

• Legal Aspects of Entrepreneurship | Coursera

• "Entrepreneurship and Innovation Toolkit" by Lee Swanson as licensed under CC BY-SA 4.0.

• "Fundamentals of Business Law" by Melissa Randall as licensed under CC BY 4.0.

• "Law 101: Fundamentals of the Law" by Michael H. Martella as licensed under CC BY 4.0