Torts and Civil Liability
Negligence
Negligence requires duty of care, breach, causation (factual and proximate), and damages. Duty is often tested by foreseeability and proximity (the neighbor principle); special rules apply to pure economic loss and psychiatric harm. Breach is measured against the reasonable person standard, adjusted for professionals and children. Res ipsa loquitur permits an inference of negligence where the cause is within the defendant's control and unexplained. Defenses include contributory negligence (reduces damages), voluntary assumption of risk, and illegality.
Other torts
Intentional torts: battery, assault, false imprisonment, trespass, conversion. Strict liability applies to abnormally dangerous activities and defective products in many jurisdictions. Nuisance addresses unreasonable interference with use and enjoyment of land. Defamation requires a false statement, publication, and harm to reputation, with defenses of truth, privilege, and fair comment. Vicarious liability holds employers liable for employees' torts in the course of employment.
Traps
- Confusing causation in fact (but-for) with proximate cause (foreseeability).
- Treating assault as physical contact; battery is the contact, assault is the apprehension.
- Assuming any loss is recoverable; pure economic loss and remote losses often are not.
- Confusing contributory negligence (complete bar in some jurisdictions) with comparative negligence (reduces proportionally).
- Missing that damages are an element of negligence, not just a remedy.
Rule of thumb
Use the four-element checklist for every negligence fact pattern; then scan for defenses and multiple defendants (joint and several liability).
Worked example
A driver speeds and hits a pedestrian who stepped out suddenly. Duty and breach are clear; but-for causation exists, yet comparative fault may reduce damages in proportion to the pedestrian's own negligence.