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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