An overview of tort law, its purpose, principles, and historical development.
Introduction to Tort Law – Study Notes
| Aspect | Description |
|---|---|
| Definition | A branch of civil law that provides remedies for private wrongs not arising from contracts. |
| Purpose | • Compensate victims for loss or injury. • Deter wrongful conduct. • Allocate risk to the party best able to prevent the harm. |
| Key Feature | Liability is based on a duty owed, a breach of that duty, causation, and damages. |
| Element | What It Means | Typical Evidence |
|---|---|---|
| Duty | A legal obligation owed by the defendant to the plaintiff. | Statutes, case law, relationships (e.g., doctor‑patient). |
| Breach | Failure to meet the standard of care required by the duty. | Negligent act, reckless conduct, or intentional act. |
| Causation | The breach must be the actual and proximate cause of the injury. | Timeline of events, expert testimony, “but‑for” test. |
| Damages | Actual loss suffered by the plaintiff (personal, property, economic). | Medical bills, repair costs, lost wages, pain‑and‑suffering. |
All four elements must be proven for a successful tort action (except in strict liability cases, where fault is not required).
| Category | Typical Examples | Key Characteristics |
|---|---|---|
| Intentional Torts | Assault, battery, false imprisonment, intentional infliction of emotional distress, trespass. | Defendant intended the act that caused harm. |
| Negligence | Car accidents, slip‑and‑fall, medical malpractice. | Failure to exercise reasonable care; the standard is that of a “reasonable person.” |
| Strict Liability | Defective products, abnormally dangerous activities (e.g., blasting), ownership of wild animals. | Liability imposed without fault; plaintiff only needs to show causation and damages. |
| Nuisance | Noise, odors, pollution affecting property use. | Interference with the plaintiff’s use or enjoyment of land. |
| Defamation | Libel (written), slander (spoken). | Publication of false statements that harm reputation. |
Pre‑Litigation
Pleadings
Discovery
Pre‑Trial Motions
Trial
Judgment & Remedies
Post‑Trial
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