Torts Study Guide

Intentional Torts Against Persons

Battery, assault, false imprisonment, and IIED form the foundation for analyzing deliberate harmful conduct on MBE questions.

Intentional Torts Against Property

Trespass to land, trespass to chattels, and conversion distinguish property interference levels critical for Bar Exam analysis.

Defenses to Intentional Torts

Consent, self-defense, defense of others, necessity, and privilege are frequently tested affirmative defenses on the Bar.

Negligence: Duty of Care

General duty standards, special relationships, and no-duty rules establish when defendants owe plaintiffs reasonable care obligations.

Negligence: Breach and Standards of Conduct

Reasonable person standard, negligence per se, and custom establish how courts measure defendant's conduct against duty.

Negligence: Actual and Proximate Causation

But-for cause, substantial factor test, foreseeability, and intervening causes are heavily tested causation analysis elements.

Negligence: Damages and Harm

Compensatory damages, eggshell plaintiff rule, and economic loss doctrine determine recoverable harm in negligence actions.

Defenses to Negligence and Comparative Fault

Contributory negligence, comparative fault systems, and assumption of risk reduce or bar plaintiff recovery on exams.

Strict Liability and Abnormally Dangerous Activities

Liability without fault for wild animals, ultrahazardous activities, and the Restatement factors appear frequently on MBE.

Products Liability

Manufacturing defects, design defects, and failure to warn under strict liability, negligence, and warranty theories.

Vicarious Liability and Joint Tortfeasors

Respondeat superior, independent contractors, joint and several liability, and contribution rights among multiple defendants.

Nuisance, Defamation, and Economic Torts

Private and public nuisance, defamation elements, invasion of privacy, and interference with business relations complete torts coverage.