1
Introduction to
Torts
2
Intentional Torts
3
Negligence
4
Strict Liability
Chapter 21 5
Economic Torts
Tort Law 6
Remedies
7
Misc. Concepts
8
Paralegal’s Role
9
Key Takeaways
10
Assignment
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1
Origins of Tort
Law
Section 1 2
Elements
Common to All
Introduction to Torts Torts
3
Tort Reform Acts
1| Introduction to Torts:
Origins of Tort Law
American tort law has its
origins in English law
Tort law is primarily based
in common law (judge-
made law)
Some tort law is derived
from state statutes
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1| Introduction to Torts:
Elements Common to All Torts
▪ Duty
▪ Breach
▪ Causation
▪ Damages
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1| Introduction to Torts:
Tort Reform Acts
Tort reform kicked off in
the 1980s
Tort reformers claim high
damages are unfair to
businesses and drive
away doctors
Tort defenders say that
high damages are
necessary to fairly
compensate plaintiffs
and deter bad business
practices
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1
Battery and
Assault
2
Section 2 Torts Against
Property
3
Intentional Torts Defamation and
IIED
4
Damages and
Defenses
2| Intentional Torts:
Battery and Assault
Elements of a battery:
(1) an intent to commit
(2) a harmful or
offensive contact (3)
resulting in damages
Elements of an assault:
(1) an act intended to
create a reasonable
apprehension (2) of
imminent contact (3) that
is either harmful or
offensive
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2| Intentional Torts:
Torts Against Property
Trespass to land is a
tort against real
property
Trespass to chattel is a
tort against personal
property
Conversion is a tort
against personal
property
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2| Intentional Torts:
Defamation and IIED
Defamation includes:
Libel
Slander
Intentional Infliction of
Emotional/Mental
Distress (not available
in all jurisdictions)
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2| Intentional Torts:
Damages and Defenses
Typical intentional tort
damages include: pain and
suffering; disfigurement;
lost wages; economic loss;
medical expenses
Typical intentional tort
defenses include: consent;
self-defense; defense of
others; necessity
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1
General
Section 3 Elements of
Negligence
2
Negligence Standard of Care
3
Damages and
Defenses
3| Negligence:
General Elements of Negligence
Duty (owed to
foreseeable plaintiffs)
Breach (violation of
duty)
Causation
Cause-in-fact
Proximate cause
Damages (plaintiff
suffers harm or
financial loss)
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3| Negligence:
Standard of Care
Two general
approaches to
standard of care:
Reasonably prudent
person standard
(common law)
Failure to exercise
reasonable care
under all of the
circumstances
(Restatement 3d of
Torts)
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3| Negligence:
Damages and Defenses
Negligence cases require
proof of actual harm to the
plaintiff (no nominal
damages available)
Defenses:
Contributory negligence
Comparative negligence
Assumption of the risk
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1
Section 4 Types of Strict
Liability
2
Strict Liability Damages and
Defenses
4| Strict Liability:
Types of Strict Liability
Abnormally
dangerous activities
(a/k/a ultra-
hazardous activities)
Dangerous animals
Wild animals
Domestic animals
with known
propensities
Defective or
dangerous products
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4| Strict Liability:
Damages and Defenses
Like negligence actions,
under a theory of strict
liability only actual
damages are available
Cannot claim damage or
loss to defective product
Must claim damage or
loss through personal
injuries and/or loss of
other property
Defenses commonly
include: product misuse or
alternation; compliance
with standards;
negligence from plaintiff
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1
Fraud and
Negligent
Misrepresentation
Section 5 2
Interferences and
Injurious
Economic Torts Falsehood
3
Damages and
Defenses
5| Economic Torts:
Fraud and Negligent Misrepresentation
Fraud and intentional
misrepresentation
(requires knowledge of
falsehood)
Negligent
misrepresentation (no
knowledge
requirement)
Often plead together or
in the alternative
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5| Economic Torts:
Interferences and Injurious Falsehood
Interference with
contractual relations
(requires the
existence of a
contract)
Interference with
prospective advantage
(no contract)
Injurious falsehood
(business libel or
slander)
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5| Economic Torts:
Damages and Defenses
Economic torts present
obstacles to damages
Hard to ascertain
Certain damages
unavailable
Defenses vary according
to whether the tort is
intentional or negligent
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1
Section 6 Legal and
Equitable
Remedies
Remedies 2
Restitutionary
Remedies
6| Remedies:
Legal and Equitable Remedies
Legal remedies
Money damages
Legal remedies are
the most commonly
awarded
Equitable remedies
Injunctive relief
Specific
performance
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6| Remedies:
Restitutionary Remedies
Based on the
defendant’s gains, not
the plaintiff’s losses;
returns property to
plaintiff
Examples:
Replevin
Ejectment
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1
Section 7 Multiple
Defendants
2
Miscellaneous Tort Concepts Wrongful Death
and Survival of
Action
7| Miscellaneous Tort Concepts:
Multiple Defendants
Special theories of
liability come into play
in cases where there
are multiple
defendants
Vicarious liability
Joint and several
liability
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7| Miscellaneous Tort Concepts:
Wrongful Death and Survival of Action
What happens when a
victim passes away
before a successful suit?
Wrongful death allows
survivors (family
members) to sue the
tortfeasor
Survival of action
prevents tortfeasors
from escaping liability
when the victim dies
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1
Research and
Section 8 Gathering
Evidence
2
The Paralegal’s Role in Tort Drafting
Discovery and
Law Pleadings
3
Trial Preparation
8| The Paralegal’s Role in Tort Law:
Research and Gathering Evidence
Paralegals commonly
research tort-specific
elements, jurisdiction-
specific causes of action,
and available damages
Paralegals play an
important role in gathering
evidence
Be proactive – look for ways
you can supplement the
case file through additional
research avenues or ideas
for fact-finding
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8| The Paralegal’s Role in Tort Law:
Drafting Discovery and Pleadings
Drafting discovery is a
large part of the role of a
paralegal
Requests
Responses
Discovery in most tort
cases is voluminous
Drafting pleadings and
motions is another
common task for
paralegals
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8| The Paralegal’s Role in Tort Law:
Trial Preparation
Paralegals assist all the
way through the end of
trial
Preparation of evidence
binders
Preparing fact
witnesses
Identifying expert
witnesses
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Conclusion Section 9
Key Takeaways
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9| Key Takeaways:
Conclusion
▪ Tort law encompasses intentional torts, negligent
torts, and strict liability
▪ All torts have the common elements of duty,
breach, causation, and damages
▪ Tort law is primarily common law, and the
availability of causes of action, as well as their
exact elements, are very different among
jurisdictions
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Section 10
Law Block I
Assignment 1
Assignment
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10| Assignment:
Law Block I Assignment 1
Tort Law
For those of you with the Request for Special Set Hearing,
this a very common task in litigation. Anything in excess of a 5-
minute motion calendar will more than likely require a special
set hearing at which the judge can devote more time to each
side for more complex factual or legal issues. These special set
hearings can range from 10 minutes to 1 hour. Given the 12
numbered instructional paragraphs at the outset of the
assignment, you should essentially correlate the 12
instructional paragraphs to the 12 blanks in the template. You
should delete the instructions from the final format prior to
submission.
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10| Assignment:
Law Block I Assignment 1 (Cont’d.)
For those of you with the Motion to Compel Attendance, the
context of the assignment involves a failure to appear at a
deposition without due notice and a subsequent attempt to have
the court compel the deponent’s attendance. This is governed by
Florida Rule of Civil Procedure 1.380. It usually arises in the
discovery phase of a given litigation. Whenever a deponent fails to
show at a deposition the attorney should request a Certificate of
Non-Appearance (“CNA”) from the court reporter. Given the 15
numbered instructional paragraphs at the outset of the assignment,
you should essentially correlate the 15 instructional paragraphs to
the 15 blanks in the template. You should delete the instructions
from the final format prior to submission.
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10| Assignment:
Law Block I Assignment 1 (Cont’d.)
For those of you with the Motion to Compel Discovery, the
context of the assignment arises from an adverse party’s failure
to timely respond to propounded interrogatories and requests
for production. It takes place in the discovery phase of the
given litigation. Given the 15 numbered instructional
paragraphs at the outset of the assignment, you should
essentially correlate the 15 instructional paragraphs to the 15
blanks in the template. You should delete the instructions from
the final format prior to submission.
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10| Assignment:
Law Block I Assignment 1 (Cont’d.)
For those of you with the Motion for Attorney’s Fees, the
context of the assignment arises from you moving the court to
find that you are entitled to attorney’s fees. Entitlement to
attorney’s fees is a threshold matter that must be determined
before the actual amount of attorney’s fees is determined.
Attorney’s fees can only be recovered if said fees are based on
a statute or a contract providing for such or as a form of a court-
imposed sanction. Given the 12 numbered instructional
paragraphs at the outset of the assignment, you should
essentially correlate the 12 instructional paragraphs to the 12
blanks in the template. You should delete the instructions from
the final format prior to submission.
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