Torts

Core MBE-tested Torts rules, each with a primary-source citation. Open in rapid-review mode →

• Intentional Torts: IntentIntent exists when defendant acts with purpose or knowledge to a substantial certainty that harm will occur.
• Battery: ElementsBattery requires intent, harmful or offensive contact, and that contact be with plaintiff's person.
• Assault: ElementsAssault is intentional act creating reasonable apprehension of imminent harmful or offensive contact.
• False ImprisonmentFalse imprisonment is intentional confinement without lawful privilege and without consent.
• Intentional Infliction of Emotional DistressIIED requires extreme and outrageous conduct intended or recklessly causing severe emotional distress.
• Trespass to LandTrespass to land requires intentional physical invasion of plaintiff’s real property.
• Trespass to ChattelsTrespass to chattels involves intentional interference with another’s possessory rights causing actual harm.
• ConversionConversion requires intentional dominion or control over chattel that seriously interferes with plaintiff’s rights.
• Consent DefenseConsent bars liability when plaintiff voluntarily and knowingly agrees to defendant’s conduct.
• Self-DefenseReasonable force may be used to prevent imminent harm; deadly force only when threatened with serious bodily harm.
• Defense of OthersForce may be used to defend others when they would be justified in using self-defense.
• Defense of PropertyNon-deadly force may protect property; deadly force never permitted solely for property.
• Recapture of ChattelsReasonable, timely force allowed to recover wrongfully taken chattels after demand for return.
• Shopkeeper’s PrivilegeReasonable detention permitted with reasonable suspicion of theft.

• Negligence: DutyDuty requires defendant to exercise reasonable care under the circumstances to avoid foreseeable risks of harm.
• Standard of Care: Reasonable PersonStandard is objective; mental impairments irrelevant; physical disabilities incorporated.
• Custom EvidenceCustom is relevant but not conclusive of reasonable care.
• Professionals StandardProfessionals must meet the skill and knowledge of the average practitioner in the community.
• Informed ConsentDoctors must disclose risks a reasonable patient would consider material.
• Negligence Per SeViolation of a safety statute establishes duty and breach if plaintiff is in protected class and risk matches…
• Duty to RescueGenerally no duty to rescue absent special relationship or assumption of duty.
• Special RelationshipsRelationships like carrier-passenger or innkeeper-guest create affirmative duties of protection.
• Negligent Infliction of Emotional DistressNIED requires physical danger, zone-of-danger exposure, or bystander presence with close relationship.
• Breach of DutyBreach occurs when defendant’s conduct falls below reasonable care under circumstances.
• Res Ipsa LoquiturRes ipsa permits inference of negligence when accident ordinarily does not occur absent negligence and defendant had…

• Cause in Fact (But-for)But-for causation requires plaintiff’s injury would not have occurred without defendant’s conduct.
• Substantial Factor TestWhen multiple causes exist, defendant is liable if conduct was a substantial factor in harm.
• Alternative LiabilityWhen multiple negligent defendants and uncertainty about cause, burden shifts to defendants to disprove causation.
• Proximate CauseDefendant liable for harms that are foreseeable results of negligent conduct.
• Intervening CausesForeseeable intervening acts do not break causation; unforeseeable superseding causes do.
• Thin Skull RuleDefendant takes plaintiff as found and is liable for full extent of harm.
• Damages RequirementNegligence requires actual damages; nominal damages unavailable.
• Comparative NegligenceNegligence damages reduced by plaintiff’s percentage of fault.
• Contributory NegligenceContributory negligence is a complete bar unless last clear chance applies.
• Assumption of RiskAssumption of risk bars or reduces recovery when plaintiff knowingly and voluntarily encounters a known danger.

• Strict Liability: Wild AnimalsOwners strictly liable for harms caused by wild animals.
• Strict Liability: Domestic AnimalsLiability attaches when owner knows of dangerous propensities.
• Strict Liability for Abnormally Dangerous ActivitiesStrict liability applies to high-risk activities not common to the community.

• Products Liability: Defect TypesDefects include manufacturing, design, and failure-to-warn defects.
• Manufacturing DefectA manufacturing defect deviates from intended design and makes product unreasonably dangerous.
• Design DefectDesign defects require showing safer, feasible alternative design under risk-utility test.
• Failure to WarnManufacturers must warn of foreseeable risks not obvious to ordinary users.
• Products Liability: Strict Liability ElementsStrict liability requires a commercial seller, defective product, causation, and foreseeable use.
• Products Liability: Warranty ClaimsWarranty liability arises from breach of express or implied warranties.
• Products Liability: MisrepresentationFalse statements about product safety that induce reliance create liability.

• Negligent EntrustmentLiability arises when defendant entrusts a dangerous item to one unfit to safely use it.
• Negligent Hiring/SupervisionEmployers liable for failing to use reasonable care in hiring or supervising employees.
• Vicarious Liability: EmployeesEmployers are liable for torts of employees committed within scope of employment.
• Vicarious Liability: Independent ContractorsNo vicarious liability for independent contractors absent non-delegable duties or inherently dangerous activities.

• Defamation: ElementsDefamation requires defamatory statement of fact about plaintiff, publication, and reputational harm.
• Defamation: Public FiguresPublic figures must prove actual malice—knowledge of falsity or reckless disregard.
• Defamation: Private FiguresPrivate plaintiffs must prove negligence on matters of public concern.
• Privileges: AbsoluteAbsolute privilege applies to judicial, legislative, and some executive proceedings.
• Privileges: QualifiedQualified privilege applies to statements made for proper purpose unless abused.
• Invasion of Privacy: AppropriationAppropriation is unauthorized commercial use of plaintiff’s name or likeness.
• Invasion of Privacy: IntrusionIntrusion is intentional invasion of plaintiff’s private affairs that is highly offensive.
• Invasion of Privacy: Public DisclosurePublic disclosure of private facts is tortious when highly offensive and not of legitimate public concern.
• Invasion of Privacy: False LightFalse light involves publicity placing plaintiff in misleading, highly offensive portrayal.

• Nuisance: PrivatePrivate nuisance is substantial and unreasonable interference with plaintiff’s use or enjoyment of land.
• Nuisance: PublicPublic nuisance affects rights of the community; private plaintiffs must show special harm.