Basic Tort Law

The session will examine personal injury law about compensating individuals suffering personal injury, psychological damage, economic loss, or incursions to private property. The focus will be on intentional torts, negligence, or strict liability. Related, relevant cases will be analyzed. Defenses to torts will also be discussed.

Understanding the principles of tort law is essential for grasping the intricacies of the civil legal system, distinct from criminal law. We will examine how individuals and entities can be held liable for harm caused to others.

Key topics covered include:

• The fundamental distinction between criminal and civil law, where torts reside.
• Negligence: Exploring the four essential elements – duty, breach, causation, and damages, including the critical concept of proximate cause through case studies like the famous Paulsgraf decision.
• Intentional Torts: Examining civil liability for purposeful acts such as assault, battery, and wrongful death, and understanding their relationship with potential criminal charges, as illustrated by examples like the O.J. Simpson case.
• Strict Liability: Understanding liability without the need to prove intent or negligence, focusing specifically on the area of products liability and its modern development.
• Common Defenses in Tort Law: Including comparative negligence, contributory negligence, and assumption of risk.

Upon completion, you will have a solid understanding of the major categories of torts, their constituent elements, relevant defenses, and their practical application through notable legal precedents.