Podcast Episode Details
Back to Podcast Episodes
Tort Law Hornbook: Session 1 (Part 2): Foundations of Tort Law
Session 1: Foundations of Tort Law
Chapter 1: Introduction to Tort Law
Tort law is a branch of civil law that addresses harm or injury caused by one party to another. Its
primary goal is to provide remedies for the injured party and deter others from committing similar
offenses. Key elements of tort law include duty, breach, causation, and damages. The chapter
also explores the distinctions between intentional torts, negligence, and strict liability.
Chapter 2: Intentional Torts
Intentional torts involve deliberate actions that cause harm to another. Common examples
include:
● Assault and Battery: Physical or verbal actions causing apprehension or harm.
● False Imprisonment: Restricting someone's movement without lawful justification.
● Intentional Infliction of Emotional Distress: Outrageous conduct causing severe
emotional harm.
● Trespass to Land: Unauthorized entry onto another's property.
● Conversion: Interfering with someone's personal property.
Each intentional tort requires proving intent, causation, and damages.
Chapter 3: Negligence
Negligence occurs when an individual fails to exercise reasonable care, resulting in harm to
another. The five key elements include:
1. Duty of Care: The obligation to act reasonably to prevent harm.
2. Breach of Duty: Failing to meet the standard of care.
3. Causation: Connecting the breach to the harm (actual and proximate causation).
4. Damages: Proving actual harm or injury.
5. Defenses: Contributory negligence, comparative negligence, and assumption of risk.
Published on 11 months, 1 week ago