Some of the main doctrines in Tort Law

Tort law consists of various doctrines that govern civil wrongs and provide remedies for those harmed. Some of the main doctrines include:

1. Negligence – A party is liable if they fail to exercise reasonable care, resulting in harm to another. Key elements include:
   • Duty of care
   • Breach of duty
   • Causation (actual and proximate cause)
   • Damages
2. Strict Liability – A defendant can be held liable regardless of intent or negligence, usually applied in cases involving:
   • Abnormally dangerous activities
   • Defective products (product liability)
   • Wild animals
3. Intentional Torts – These occur when a person intentionally causes harm, including:
   • Assault
   • Battery
   • False imprisonment
   • Defamation (libel and slander)
   • Intentional infliction of emotional distress (IIED)
   • Trespass (to land and chattels)
   • Conversion
4. Vicarious Liability – An employer or principal can be held responsible for the wrongful acts of an employee or agent committed within the scope of their employment.
5. Res Ipsa Loquitur – “The thing speaks for itself”; allows negligence to be inferred when an accident occurs under circumstances that typically wouldn’t happen without negligence.
6. Comparative and Contributory Negligence – Doctrines that assess the fault of the plaintiff in relation to the defendant:
   • Contributory negligence (traditional rule) bars recovery if the plaintiff was at fault.
   • Comparative negligence (modern rule) reduces damages based on the plaintiff’s percentage of fault.
7. Assumption of Risk – A plaintiff may be barred from recovery if they voluntarily and knowingly assumed the risks associated with an activity.
8. Joint and Several Liability – When multiple defendants are responsible for harm, each can be held liable for the full amount of damages.
9. Nuisance – Interference with the use and enjoyment of land, divided into:
   • Public nuisance (affecting the community)
   • Private nuisance (affecting an individual’s property)
10. Defamation and Privacy Torts – Includes protections against false statements and invasion of privacy, such as:
    • Intrusion upon seclusion
    • Public disclosure of private facts
    • False light
    • Appropriation of name or likeness

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