Torts
Torts tests negligence, intentional torts, strict liability, products liability, defamation, and defenses. Expect duty, breach, causation, and damages in a fact pattern.
Negligence
Duty is owed to foreseeable plaintiffs. Breach is judged by the reasonable person, or by custom for professionals. Actual cause is “but for”; proximate cause requires foreseeability. Damages include compensatory and, for egregious conduct, punitive.
Intentional torts and defenses
Battery requires harmful or offensive contact with intent; assault requires apprehension. False imprisonment requires confinement. Defenses include consent, self-defense, and necessity.
Products liability
A plaintiff may sue for strict liability, negligence, or breach of warranty. Strict liability requires a defective product and causation; design defect uses risk-utility or consumer expectations.
Worked example
A driver runs a red light and hits a pedestrian. The driver owed a duty to foreseeable pedestrians; running the red light is breach; but-for and proximate cause are satisfied. If the pedestrian was jaywalking, comparative negligence may reduce damages but not bar recovery in a comparative jurisdiction.
Traps
Do not confuse assault with battery. Do not assume proximate cause from actual cause. Do not apply strict liability to services. Watch the economic loss rule and defamation’s constitutional requirements.