Tort Law

The basic element of negligence is the existence of a duty of care owed by one person to another.

Intent is not an element of negligence. Negligence is a breach of a legal duty that a person has to another. Intent is not required for negligence.

Battery is the most common type of intentional tort. Battery is the intentional, harmful or offensive touching of another person without their consent.

Assault is the threat of harm, while battery is the actual causing of harm. Assault is a common law tort that occurs when a person acts with the intent to cause fear of imminent harm to another person.

The defense of self-defense is a defense to a criminal charge that allows a person to use force to defend themselves or another person from imminent harm.

The defense of necessity is a defense to a criminal charge that allows a person to break the law in order to prevent a greater harm.

The defense of consent is a defense to a criminal charge that allows a person to break the law if they have the consent of the victim.

The defense of assumption of risk is a defense to a negligence action that allows a defendant to escape liability if the plaintiff knew and appreciated the risk of harm and voluntarily assumed that risk.

The defense of statute of limitations is a defense to a civil action that allows a defendant to escape liability if the plaintiff's claim is barred by the statute of limitations.

The defense of contributory negligence is a defense to a negligence action that allows a defendant to escape liability if the plaintiff's negligence contributed to their own injuries.

The defense of comparative negligence is a defense to a negligence action that allows a defendant to escape liability if the plaintiff's negligence is compared to the defendant's negligence.

The defense of last clear chance is a defense to a negligence action that allows a defendant to escape liability if the defendant had the last clear chance to avoid the accident.

The defense of sudden emergency is a defense to a negligence action that allows a defendant to escape liability if the defendant was faced with a sudden emergency.

The defense of act of God is a defense to a negligence action that allows a defendant to escape liability if the accident was caused by an act of God.