Torts
Questions to Consider
Consider these questions while reading this module:
- What is the purpose of tort law?
- What is the diffence between an intentional tort and negligence?
What are the intentional torts against persons? against property?
- What are the elements of each of these torts?
- What defenses, if any, are available for each tort?
What are the elements necessary to establish a cause of action for negligence?
- Why does a defendant's duty toward the plaintiff depend on who the defendant is (e.g., common carrier, landowner, professional, child, good samaritan)?
- What is the difference bewteen actual and proximate cause in determining if the defendant's conduct caused the plaintiff's harm?
- What defenses are available to counter a claim of negligence?
How do the "special" negligence doctrines differ from ordinary negligence?
- What is "negligence per se" and "res ipsa loquitur" and how do these doctrines operate in a negligence lawsuit?
- What is the difference between "dram shop" liability and "social host" liability? Why do these rules exist?
- What are the "special business torts?"
- When do the courts strict liability (i.e., liability without fault)? punitive damges? Why?