Law School Tort Law
Apr 10, 2020
Delve into the evolution and complexities of tort law, discussing intentional torts, negligence, strict liability, and legal defenses. Explore the distinctions from criminal and contract law, remedies, such as damages and compensation, and the interplay between tort and contract law.
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US Tort Law Development
- U.S. tort law, influenced by English law, became established with Holmes Jr.'s writings in the 1880s.
- The 1928 U.S. case Paulsgrove v. Long Island Railroad significantly impacted the 1932 British Donahue v. Stevenson case.
Modern Tort Law
- Modern tort law developments include strict product liability and limitations on immunities.
- Tort reform and insurance law heavily influence modern tort cases.
Negligence as a Tort
- Negligence arises from breaching a reasonable person's duty of care.
- Donahue v. Stevenson (1932) established negligence as a tort, requiring proof of duty, breach, causation, and damages.