Torts full outline

Negligence

A claim requiring the establishment of duty, breach, causation, and damages against the defendant.

Duty

The general obligation to act in a way that does not harm others.

Breach

Failure to meet the standard of care required by law, resulting in harm.

Causation

Establishment of a link between the defendant's actions and the plaintiff's harm.

Damages

Actual harm suffered by the plaintiff, including physical, emotional, or financial injury.

Premises Liability

Legal obligation of property owners to ensure the safety of invitees, licensees, and trespassers.

Invitee

A person on the premises for the economic benefit of the property owner; entitled to reasonable care.

Licensee

A social guest on the premises; entitled to be warned of known dangers.

Trespasser

A person on the premises without permission; owed no duty except to avoid willful harm.

Negligence Per Se

A doctrine that allows a plaintiff to prove negligence based on a violation of a statute.

Standard of Care

The degree of caution or care expected from a reasonable person in similar circumstances.

Res Ipsa Loquitur

A legal doctrine allowing the inference of negligence from the very nature of the accident or injury.

Hand Formula

A formula used to determine breach by weighing the burden of taking precautions against the probability and severity of harm.

Proximate Cause

An act that is legally sufficient to result in liability, evaluating whether the harm was foreseeable.

Intervening Cause

An event that occurs after the defendant's act and contributes to the harm, typically does not sever liability.

Superseding Cause

An unforeseeable event that cuts off the defendant's liability.

Compensatory Damages

Damages awarded to compensate for actual loss or injury.

Punitive Damages

Damages awarded to punish the defendant for egregious conduct and deter others from similar actions.

Vicarious Liability

Legal responsibility held by an employer or principal for the negligent actions of their employee or agent.

Economic Loss Rule

A principle stating that a defendant is not liable for purely economic losses incurred by the plaintiff.

Bystander Liability (NIED)

A claim for emotional distress made by an individual who witnesses harm to another.

Loss of Chance

A legal doctrine allowing recovery for loss of a chance due to a defendant's negligence.

Strict Liability

Liability that does not depend on negligence or fault; imposed for activities that are inherently dangerous.

Conversion

An intentional act that deprives an owner of their property, requiring compensation for the full value.

Trespass to Chattel

An intentional interference with a person's right to possess their personal property.

Immunity

Legal protection against being sued or held liable, often applied to government entities.

NIED (Negligent Infliction of Emotional Distress)

A claim for damages based on emotional distress caused by another's negligence.