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