Torts One-Pager | BarPrepPlay

Overview

This Torts one-pager keeps the negligence spine, strict-liability blocks, products rules, and comparative-fault modifiers visible in one page-length review.

Negligence

Duty (reasonable care) + Breach + Causation (actual + proximate) + Damages. Res ipsa: Inference when D in control. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: Duty (reasonable care) + Breach + Causation (actual + proximate) + Damages. Res ipsa: Inference when D in control.

Section sources

Strict Liability

Wild animals, abnormally dangerous activities, manufacturing defects. No fault required. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: Wild animals, abnormally dangerous activities, manufacturing defects. No fault required.

Section sources

Products

Manufacturing (deviation), Design (reasonable alternative), Warning (duty to warn). All in chain liable. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: Manufacturing (deviation), Design (reasonable alternative), Warning (duty to warn). All in chain liable.

Section sources

Intentional Torts

Battery (contact), Assault (apprehension), False imprisonment (confinement), IIED (extreme + outrageous). On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: Battery (contact), Assault (apprehension), False imprisonment (confinement), IIED (extreme + outrageous).

Section sources

Defamation

Defamatory statement, of/concerning P, publication, damages. Public figures: Actual malice. Private: Negligence. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: Defamatory statement, of/concerning P, publication, damages. Public figures: Actual malice. Private: Negligence.

Section sources

Comparative Fault

Pure: Recover reduced %. Modified: >50% fault = nothing. Contributory: Any fault = total bar. FL 2023: Modified (51% bar) with exceptions: (1) D intoxicated = pure; (2) Med mal = pure. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

• Quick rule block: Pure: Recover reduced %. Modified: >50% fault = nothing. Contributory: Any fault = total bar. FL 2023: Modified (51% bar) with exceptions: (1) D intoxicated = pure; (2) Med mal = pure.

Section sources

Primary law and source anchors

• Restatement (Second) of Torts Section 281 The basic negligence framework of duty, breach, causation, and damages.
• Restatement (Second) of Torts Section 402A Black-letter strict-products-liability principles for defective products.
• Restatement (Second) of Torts Sections 433-435 Guidance on legal cause, substantial factor analysis, and foreseeability limits on liability.

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