Tort law deals with civil wrongs where one party’s conduct causes harm to another.
The purpose is to:
• Compensate victims
• Hold wrongdoers accountable
• Prevent future harm
Tort law is NOT about punishment (that’s criminal law).
It’s about liability + compensation.
⭐ 2. Elements of a Tort
To succeed in a tort claim, the plaintiff must prove:
1. Duty of Care
The defendant owed a legal duty to act with reasonable care.
2. Breach of Duty
The defendant failed to meet the required standard of care.
3. Causation
Two types:
• Factual causation (“but for” test)
• Legal causation (foreseeability)
4. Damage
The plaintiff suffered actual harm (physical, emotional, or financial).
⭐ 3. Types of Torts
A. Negligence (Most Important)
Occurs when someone fails to act as a reasonable person would.
, Elements:
• Duty
• Breach
• Causation
• Damage
Examples:
• Car accidents
• Medical negligence
• Slip and fall
B. Intentional Torts
These require intent.
Common intentional torts:
• Assault
• Battery
• False imprisonment
• Trespass to land
• Trespass to goods
• Defamation
C. Strict Liability
Liability without fault.
Applies to:
• Dangerous animals
• Hazardous activities
• Defective products