Master of Laws (LLM) Torts and Civil Liability Syllabus

Torts and Civil Liability syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Torts and Civil Liability in Master of Laws (LLM), not a summary of it.

1. 1

   Intentional Torts and Defenses

   3 topics

   • Torts Against the Person
     • Battery, assault, and false imprisonment
     • Intentional infliction of emotional distress
   • Torts Against Property: Trespass and Conversion
   • Defenses to Intentional Torts
     • Consent, self-defense, and defense of others
     • Defense of property and necessity
2. 2

   Negligence

   4 topics

   • Duty and Standard of Care
     • Reasonable person standard
     • Special duties: landowners, professionals, children
     • Duty to rescue and affirmative duties
   • Breach and Causation
     • Res ipsa loquitur and negligence per se
     • Actual cause and the but-for test
     • Proximate cause and foreseeability
   • Damages and the Eggshell Plaintiff Rule
   • Defenses to Negligence
     • Comparative vs. contributory negligence
     • Assumption of risk
3. 3

   Strict Liability and Products Liability

   3 topics

   • Abnormally Dangerous Activities and Animals
   • Products Liability Theories
     • Manufacturing, design, and warning defects
     • Strict liability, negligence, and warranty paths
   • Defenses and Comparative Fault in Products Cases
4. 4

   Other Tort Doctrines

   4 topics

   • Defamation
     • Libel and slander elements
     • Public figures and the actual malice standard
     • Privileges and defenses
   • Privacy Torts and Misrepresentation
   • Vicarious Liability and Joint Tortfeasors
   • Nuisance: Private and Public

Torts and Civil Liability flashcards for Master of Laws (LLM)

21 of 52 cards from the Torts and Civil Liability deck — real questions with worked answers.

1. What is the definition of battery as an intentional tort?

   An intentional, harmful or offensive contact with the plaintiff's person (or something closely connected to it) without consent. Intent to cause the contact is required; the plaintiff need not be aware of it when it occurs.

2. What are the elements of assault as an intentional tort?

   (1) An act by the defendant creating a reasonable apprehension in the plaintiff (2) of an imminent harmful or offensive contact, (3) with intent to cause such apprehension or contact, and (4) causation. Words alone are usually insufficient; apprehension is not the same as fear.

3. What are the elements of false imprisonment?

   (1) An act or omission by the defendant that confines or restrains the plaintiff (2) to a bounded area, (3) with intent to confine, and (4) the plaintiff is conscious of the confinement or harmed by it. The area is not bounded if there is a reasonable means of escape the plaintiff is aware of.

4. What are the elements of intentional infliction of emotional distress (IIED)?

   (1) Extreme and outrageous conduct, (2) intent or recklessness, (3) causation, and (4) severe emotional distress. The conduct must exceed all bounds tolerated by a decent society. Physical injury is generally not required.

5. What is the transferred intent doctrine and to which torts does it apply?

   If a defendant intends one tort but accomplishes another, or harms a different victim, intent transfers. It applies among the five 'trespassory' torts: battery, assault, false imprisonment, trespass to land, and trespass to chattels.

6. What are the elements of trespass to land?

   (1) Physical invasion of the plaintiff's real property (by a person or object), (2) intent to enter the land (mistake about ownership is no defense). Actual damages are not required; nominal damages may be awarded.

7. What are the elements of trespass to chattels?

   An intentional interference with the plaintiff's right of possession in personal property, either by dispossession or by intermeddling, causing actual damage, deprivation of use, or dispossession. Remedy is the cost of repair or rental value (actual damages).

8. What is conversion and how does it differ from trespass to chattels?

   Conversion is an intentional act of dominion over a chattel so serious that it warrants requiring the defendant to pay the full value (forced sale). It differs from trespass to chattels in the degree of interference; remedy is fair market value at the time of conversion.

9. How does consent operate as a defense to intentional torts, and what vitiates it?

   Consent (express or implied) bars liability if the defendant stays within its scope. Consent is invalid if obtained by fraud, duress, or mistake induced by the defendant, or if given by someone lacking capacity (incapacity, infancy, intoxication).

10. What is the rule for self-defense as a defense to intentional torts?

    A person may use reasonable force to defend against an imminent threat of harm. Deadly force is permitted only when facing a threat of serious bodily harm or death. There is generally no duty to retreat (majority view); the privilege extends to a reasonable mistake about the threat.

11. What is the defense of property privilege and its key limitation?

    One may use reasonable, non-deadly force to defend property after a request to desist (unless futile). Deadly force or deadly mechanical devices (e.g., spring guns) may never be used solely to protect property (Katko v. Briney).

12. What is the shopkeeper's privilege?

    A merchant may detain a suspected shoplifter for a reasonable time and in a reasonable manner if there is a reasonable belief that theft occurred. It is a defense to false imprisonment.

13. What is the privilege of necessity, distinguishing public from private?

    Public necessity: acting to protect the community is a complete defense (no liability for damage). Private necessity: acting to protect oneself or one's property is a qualified/incomplete defense—the actor must pay for actual damage caused (Vincent v. Lake Erie) but cannot be expelled.

14. What are the four elements of a negligence cause of action?

    (1) Duty (a legal obligation to conform to a standard of care), (2) Breach (failure to meet that standard), (3) Causation (actual and proximate), and (4) Damages (actual harm).

15. What is the general standard of care in negligence?

    The reasonably prudent person under the same or similar circumstances—an objective standard. A defendant's superior skill or knowledge is considered, but mental deficiencies and inexperience are not.

16. To whom is a duty of care owed under the Cardozo (majority) versus Andrews views?

    Cardozo (Palsgraf majority): a duty is owed only to foreseeable plaintiffs within the zone of danger. Andrews (dissent/minority): a duty is owed to everyone if the defendant's conduct creates a foreseeable risk to anyone.

17. What standard of care applies to children in negligence?

    A child is held to the standard of a child of like age, intelligence, and experience (subjective). Exception: a child engaged in an inherently dangerous or adult activity is held to the adult reasonable-person standard.

18. What duties does a land possessor owe to invitees, licensees, and trespassers (traditional approach)?

    Invitee: duty to inspect for and warn/repair known and reasonably discoverable dangers. Licensee: duty to warn of known concealed dangers. Trespasser (undiscovered): no duty; (discovered/anticipated): warn of known artificial conditions involving risk of death/serious harm.

19. What is the attractive nuisance doctrine?

    A land possessor may be liable for injury to trespassing children caused by an artificial condition if: (1) the possessor knows children are likely to trespass, (2) knows the condition poses unreasonable risk, (3) the children cannot appreciate the danger, and (4) the burden of remedying is slight relative to the risk.

20. What is the Hand Formula for determining breach of duty?

    From United States v. Carroll Towing: a defendant is negligent (breach) if the burden of precaution (B) is less than the probability of harm (P) multiplied by the gravity of the loss (L), i.e., breach exists when B < P × L.

21. What is negligence per se and what are its two key requirements?

    A statute's standard replaces the common-law reasonable-person standard, establishing duty and breach. The plaintiff must show (1) she is within the class of persons the statute meant to protect, and (2) the harm is the type the statute meant to prevent.

See more Torts and Civil Liability flashcards →

Planning Torts and Civil Liability for Master of Laws (LLM)

Torts and Civil Liability (Master of Laws (LLM)) FAQ