Tort Law – Summary of Common Exam
Topics
⭐ 1. Negligence (Most Tested Topic)
Negligence is the failure to act as a reasonable person would.
To succeed in a negligence claim, the plaintiff must prove:
• Duty of Care – A legal obligation to avoid causing harm.
• Breach of Duty – The defendant acted below the standard of a reasonable
person.
• Causation –
• Factual causation: “But for” the defendant’s conduct, harm would not have
occurred.
• Legal causation: Harm must be reasonably foreseeable.
• Damage – Actual harm suffered (physical, financial, emotional).
Negligence is the backbone of most tort exams.
⭐ 2. Duty of Care
Courts decide if a duty exists by looking at:
• Foreseeability of harm
• Relationship between parties
• Public policy considerations
This is often tested using scenarios (e.g., car accidents, medical negligence).
⭐ 3. Breach of Duty
Measured using the reasonable person test.
Courts consider:
Topics
⭐ 1. Negligence (Most Tested Topic)
Negligence is the failure to act as a reasonable person would.
To succeed in a negligence claim, the plaintiff must prove:
• Duty of Care – A legal obligation to avoid causing harm.
• Breach of Duty – The defendant acted below the standard of a reasonable
person.
• Causation –
• Factual causation: “But for” the defendant’s conduct, harm would not have
occurred.
• Legal causation: Harm must be reasonably foreseeable.
• Damage – Actual harm suffered (physical, financial, emotional).
Negligence is the backbone of most tort exams.
⭐ 2. Duty of Care
Courts decide if a duty exists by looking at:
• Foreseeability of harm
• Relationship between parties
• Public policy considerations
This is often tested using scenarios (e.g., car accidents, medical negligence).
⭐ 3. Breach of Duty
Measured using the reasonable person test.
Courts consider:
