I. Definition and Scope
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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
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Tort: Plaintiff must prove liability by a preponderance of the evidence.
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Crime: Government must prove guilt beyond a reasonable doubt.
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Some acts (e.g., battery) carry both tort and criminal liability; a criminal conviction eases proof in subsequent tort claims.
III. Categories of Torts
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Intentional Torts: Actor intends the harm or knows harm is substantially certain.
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Negligence: Failure to exercise reasonable care, no intent required.
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Strict Liability: Liability without fault for inherently dangerous activities or defective products.
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Product Liability: Defects in design, manufacture, or warnings trigger liability (often under strict liability).
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Employer (Vicarious) Liability: Employers liable for employees’ torts within scope of employment.
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Joint & Several Liability: Multiple tortfeasors each owe full damages; co-defendants can seek contribution or indemnification.
IV. Intentional Torts
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Assault: Act causing reasonable apprehension of imminent harmful contact.
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Battery: Non-consensual harmful or offensive contact.
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False Imprisonment: Unjustified confinement without legal authority.
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Intentional Infliction of Emotional Distress: Outrageous conduct causing severe distress.
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Trespass to Land/Chattels: Unauthorized entry onto land or interference with personal property.
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Conversion: Permanent deprivation of another’s property.
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Defamation (Slander/Libel): False statement harming reputation; public figures require actual malice.
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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
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Elements:
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Duty of Care: Legal obligation to avoid foreseeable harm (general rule or special/ fiduciary relationships).
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Breach: Failure of a reasonable person standard; may be inferred under res ipsa loquitur.
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Causation:
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Actual (“but-for”): Injury would not occur but for the breach.
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Proximate: Harm was a foreseeable result of the breach.
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Damages: Legally recognizable injury (economic, medical, pain and suffering).
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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.
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Defenses:
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Assumption of Risk: Voluntary acceptance of known risks.
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Open and Obvious Doctrine: Plaintiff proceeds despite clear hazards.
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Comparative Negligence: Plaintiff’s recovery reduced by their fault percentage.
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VI. Strict Liability
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Applies regardless of intent or care in:
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Ultrahazardous Activities (e.g., explosives, wild animals).
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Statutory Liabilities (serving alcohol to minors/intoxicated persons; sale of restricted items).
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VII. Product Liability
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Design Defect: Reasonable alternative design could reduce risk.
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Manufacturing Defect: Deviation from intended design during production.
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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
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Respondeat Superior: Employer liable for employee torts within scope of employment.
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Scope factors: job-related conduct, authorized time/place, employer benefit.
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Frolic vs. Detour: Major deviation (no liability) vs. minor (liability).
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Aided-in-the-Agency: Employer liable if position/authority facilitated the tort.
IX. Joint & Several Liability
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Each defendant may be sued for entire judgment; co-defendants can pursue contribution or indemnification agreements.
X. Remedies
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Compensatory Damages: Medical, economic, pain and suffering.
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Punitive Damages: For willful or wanton misconduct; limited by constitutional standards.
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Equitable Relief: Injunctions to prohibit or compel conduct when damages are inadequate.
References:
"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
"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