Tort Law Overview

What is the definition of a tort?

A civil wrong where one party acts (or fails to act) and that action or inaction causes a loss to be suffered by another party.

What is the primary purpose of tort law?

To provide compensation for the victim, unlike criminal law which is intended to punish and deter.

What is a tortfeasor?

One who commits a tort; their wrongful conduct is called tortious conduct.

What are the three general categories of torts based on the conduct of the wrongdoer?

Intentional torts, negligence, and strict liability.

What is the primary source of law governing torts?

State common law principles, heavily guided by the Restatement of Torts published by the American Law Institute (ALI).

What defines an intentional tort?

An event in which the tortfeasor is willful in bringing about a particular event that causes harm to another party.

What is libel vs. slander?

Libel is written defamation; slander is oral (spoken) defamation.

What are the four elements a plaintiff must prove to recover in a defamation action?

(1) A defamatory statement (false, provable as fact), (2) Dissemination to a third party (publication), (3) Specificity (targets a particular party/business), and (4) Damages (pecuniary harm).

What is pecuniary harm in the context of defamation?

Lost revenue or profits, both actual and potential (e.g., losing a valuable client or employment).

What is the Public Figure Standard in defamation cases?

Public figures (like celebrities or politicians) must prove the statement was made with malice or reckless disregard for the truth (established by New York Times v. Sullivan).

What defines negligence?

An accidental (without willful intent) event/conduct where a party fails to act reasonably and causes harm to another party.

What are the five elements of negligence that a plaintiff must prove?

(1) Duty, (2) Breach of duty, (3) Cause in fact, (4) Proximate (legal) cause, and (5) Actual damages.

What standard is used to measure the general duty of reasonable conduct?

The reasonably prudent person standard, which requires objective reasonableness based on foreseeability.

What is the legal difference between misfeasance and nonfeasance?

Misfeasance is an act that harms another; nonfeasance is a failure to act/rescue, which generally carries no liability unless a special relationship exists.

What are examples of special relationships that create a duty to act/protect?

Common carriers to passengers, innkeepers, employers to employees, schools to students, and landlords to tenants.

What duty does a landowner owe to a licensee (social guest)?

To warn of any known dangerous conditions on or about the premises, with no duty to inspect for hidden dangers.

What duty does a landowner owe to an invitee (business customer/public)?

To warn of known dangerous conditions and actively inspect the premises for hidden dangers and take reasonable efforts to fix defects.

What duty does a landowner generally owe to a trespasser?

No duty to warn, inspect, or repair, except where there is a known regular pathway or anticipated child trespassers.

What is an assumption of duty?

An exception where a party voluntarily begins to render assistance (even with no legal obligation), requiring them to proceed with reasonable care and not leave the victim worse off.

What defines a strict liability tort?

Liability imposed where neither intent nor negligence needs to be proved; the tortfeasor's mindset is irrelevant.

What two main areas is strict liability primarily recognized for?

Abnormally dangerous activities and defective products.

What kind of test do the Restatements use to identify abnormally dangerous activities?

A six-factor test checking for high degrees of risk, great potential harm, inability to eliminate risk with care, uncommonness, inappropriate location, and lack of outweighing community value.

What is products liability?

The liability of any seller (manufacturer, wholesaler, retailer) of a product that causes harm to a consumer due to a defect.

What three legal theories can an injured party use in a products liability case?

(1) Negligence, (2) Warranty, and (3) Strict liability.

What does Section 402A of the Restatement (Second) of Torts establish for strict products liability?

Strict liability is imposed on a seller if the product was in a defective condition and rendered unreasonably dangerous, regardless of whether the seller exercised all possible care or had a contract (privity).

What are the three primary types of product defects recognized by courts?

(1) Design defects, (2) Manufacturing defects, and (3) Inadequate warning defects.

When does an inadequate warning defect claim arise?

When a product carries risks unknown to a reasonable consumer and lacks sufficient instructions or warnings, making it unreasonably dangerous.

What is the Substantial Change defense in products liability?

A defense stating that if a product left the seller's control in a safe condition and was subsequently altered or damaged before reaching the user, the seller is not strictly liable.

What is the Assumption of the Risk defense in products liability?

A defense applying when the injured party knew of the specific product defect/danger and voluntarily chose to keep using it anyway.

What is the Misuse of Product defense?

A defense where the seller is not liable if the consumer used the product in a way an ordinarily prudent person would not anticipate, unless that specific misuse was reasonably foreseeable.