TORTS OUTLINE
I. TORT LAW
1) TORT: To commit a tort is to act in a manner that is wrongful and injurious toward another. Tort law articulates the legal responsibilities or duties that persons owe one another, and provides victims of conduct breaching those duties with redress.
a) 3 kinds of torts:
i) Intentional Torts: Intentional invasion of person or property. Fault + intent.
ii) Nonintentional Torts:
(1) Negligence: Fault.
(2) Strict Liability: No fault.
2) FRAMEWORK
a) Prima facie case: Has a prima facie case been made for the tort?
i) BATTERY
(1) CONTACT: Volitional act
(2) INTENTION: Intending to cause harmful or offensive contact
(3) CONSENT: Contact was non-consensual.
(4) CAUSATION: The act actually and proximately causes the contact
ii) ASSAULT
(1) ACT
(2) INTENTION: Intending to cause another the apprehension of imminent harmful or offensive contact
(3) CAUSATION: The act reasonably causes this apprehension in another
iii) NEGLIGENCE
(1) INJURY
(2) DUTY
(3) BREACH
(4) CAUSATION
iv) STRICT LIABILITY
v) PRODUCTS LIABILITY
(1) P must suffer an injury.
(2) D must be selling a product. (NOT sale of services)
(3) D must be a commercial seller.
(4) When D sold the product, the product must have been defective.
(5) The defect must have been the actual and proximate cause of P’s injury.
b) (If negligence) Defenses: What defenses & justifications can D raise?
i) COMPARATIVE RESPONSIBILITY
ii) ASSUMPTION OF RISK
c) Damages: What damages are applicable?
i) NOMINAL
ii) COMPENSATORY
iii) PUNITIVE