Torts
Torts tests intentional torts, negligence, strict liability, products liability, defamation, privacy, nuisance, and damages. Massachusetts adds comparative negligence and statutory caps.
Core framework
Negligence requires duty, breach, actual cause, proximate cause, and damages. Duty is owed to foreseeable plaintiffs. Proximate cause is limited by intervening causes. Defenses include comparative negligence (Massachusetts bars recovery at 51% or more), assumption of risk, and immunity. Intentional torts: battery, assault, false imprisonment, trespass, conversion. Strict liability for wild animals, abnormally dangerous activities, and defective products. Products: manufacturing defect, design defect, warning defect. Defamation requires false statement of fact, fault, and damages; public figures need actual malice. Massachusetts caps charitable immunity at $20,000 and requires presentment under the Tort Claims Act.
Worked example
D is texting while driving and hits P, a pedestrian who stepped off the curb while wearing headphones. The jury finds P 20% at fault and damages of $100,000. Under Massachusetts comparative negligence, P's recovery is reduced by 20% to $80,000. Because P's fault is less than 51%, it is not a complete bar. If P were 51% at fault, recovery would be barred.
Traps
Res ipsa loquitur requires exclusive control and an event that ordinarily does not occur without negligence. The economic loss rule bars tort recovery for pure economic loss in products cases. Defamation requires publication to a third party. Assumption of risk is a defense to negligence. The firefighter's rule bars recovery by firefighters for risks inherent in the job. Charitable immunity and the Tort Claims Act have notice and cap requirements.