Lecture Three (Part 2): Torts – Intentional Torts and Negligence

This conversation provides a comprehensive overview of tort law, focusing on intentional torts, negligence, and strict liability. It delves into the key elements of each category, including the definitions, essential components, and defenses available. The discussion emphasizes the importance of understanding these concepts for law school exams and the bar exam, while also addressing modern challenges in tort law.

Takeaways

Torts are essential for navigating law school exams and the bar.

Intentional torts focus on the defendant's state of mind.

The knowledge prong of intent can lead to liability even without desire for harm.

Transferred intent allows for liability even if the target changes.

Battery requires intent to cause harmful or offensive contact.

Negligence involves a duty to avoid foreseeable harm.

Contributory negligence can completely bar recovery for plaintiffs.

Strict liability applies regardless of the defendant's care.

Products liability holds sellers accountable for defective products.

Punitive damages aim to punish defendants, not just compensate plaintiffs.

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