Introduction to Torts

Definition and Purpose

Definition of a Tort

Purpose of Tort Law (compensation, deterrence, justice)

Types of Torts

Intentional Torts

Assault and Battery

Elements of Assault (intent, apprehension, imminent harm)

Elements of Battery (intent, harmful or offensive contact)

False Imprisonment

Elements (intent, confinement, awareness or harm)

Intentional Infliction of Emotional Distress (IIED)

Elements (intent or recklessness, extreme and outrageous conduct, causation, severe emotional distress)

Trespass to Land

Elements (intent, unauthorized entry, property)

Trespass to Chattels and Conversion

Trespass to Chattels (intent, interference, damage)

Conversion (intent, substantial interference, ownership)

Negligence

Elements of Negligence

Duty of Care

Breach of Duty

Causation (actual cause, proximate cause)

Damages

Defenses to Negligence

Contributory Negligence

Comparative Negligence

Assumption of Risk

Strict Liability

Abnormally Dangerous Activities

Definition and examples (explosives, hazardous materials)

Animals

Wild Animals (strict liability)

Domestic Animals (liability based on known dangerous propensities)

Product Liability

Elements (defect, causation, damages)

Types of Defects (manufacturing, design, warning)

Defenses to Torts

Defenses to Intentional Torts

Consent

Self-Defense

Defense of Others

Defense of Property

Necessity (public and private)

Defenses to Negligence

Contributory Negligence

Comparative Negligence (pure and modified)

Assumption of Risk

Damages in Tort Law

Compensatory Damages

Economic Damages (medical expenses, lost wages)

Non-Economic Damages (pain and suffering, emotional distress)

Punitive Damages

Purpose and standards for awarding

Factors considered (malicious, willful, or reckless conduct)

Special Tort Doctrines

Vicarious Liability

Employer liability for employee actions (respondeat superior)

Independent contractors

Joint and Several Liability

Definition and application

Contribution and indemnity among tortfeasors

Statutes of Limitations and Repose

Definition and differences

Application in tort cases