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Torts
Rutgers University, Camden School of Law
Mutcherson, Kimberly

CLASS OUTLINE BY SYLABBUS

An Overview of Modern Tort Liability

Introduction to the Class

· Provide you with an understanding of the basic rules and legal principles that are the basis of U.S. tort law.

· Teach you to “think like a lawyer” in the best sense of that phrase.

· Create a dynamic and respectful classroom environment.

What is a Tort?

· A private civil wrong or injury for which a court will provide a remedy in the form of an action for damages. (Black’s Law Dictionary).

· Largely a common law subject

· Concerned with the costs of accidents – past and future

Realities: Settlement, crossclaims, contingent fees

A. Intentionally Inflicted Injury

o Intent to commit an unlawful act is sufficient to establish tort liability even if the actor did not intend to cause harm.

o The Intent to do harm is of the essence to an assault.

o Battery intentional infliction of a harmful bodily contact upon another.

o Intent requires either

§ Purpose

§ Knowledge