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