Comprehensive Study Guide: Tort Law Principles and Principles of Tort Law

A tort is a civil wrongdoing causing injury or harm to another party, with a mechanism for victims to seek compensation. Tort law aims to remedy infringements on protected interests like property rights and personal safety.

Damages in Tort Litigation

  • Compensatory Damages: Reimburse for actual losses, including special damages (quantifiable losses) and general damages (non-monetary losses).

  • Punitive Damages: Awarded to punish egregious conduct, subject to constitutional limits and state caps.

Classification and Defenses

  1. Intentional Torts: Deliberate violations causing harm.

  2. Negligence: Failure to act with reasonable care.

  • Defenses: Include consent and comparative negligence.

Intentional Torts Against Individuals

Involve intent to harm or knowledge of likely harm. Key personal torts include assault, battery, false imprisonment, and IIED.

Defamation, Privacy, and Fraud

  • Defamation: False statements damaging reputation (libel and slander). Defenses include truth and privilege.

  • Fraudulent Misrepresentation: Intentional deception that leads to injury.

Business and Litigation Torts

Includes malicious prosecution and wrongful interference with contracts or business relations.

Torts Against Property

Involves trespass, conversion, and disparagement.

Negligence and Duty of Care

Requires duty, breach, causation, and damages. Measured by reasonable person standard, with specific causation types: factual and proximate.

Defenses to Negligence

Include assumption of risk and comparative negligence, distinguishing between contributory and comparative systems.

Case Study: Ragged Mountain Ski Resort

Based on a negligence claim following an injury during snow tubing, touching on assumption of risk and possible comparative negligence.