Introduction to Torts
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
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