Torts

  • This Subject Area Index lists all CALI lessons covering Torts.
  • The Torts Outline allows you to search for terms of art that correspond to topics you are studying to find suggestions for related CALI Lessons.
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Comparative Fault

This lesson considers the differences between the various comparative fault schemes found in different jurisdictions. It begins by considering in what respects the plaintiff's conduct is being compared with the defendant's conduct. Next, it introduces students to the three main types of comparative fault schemes before going on to illustrate when and how they lead to different results, with particular reference to aggregation of defendants' fault.

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Assumption of Risk

A plaintiff who voluntarily assumes a risk of harm cannot recover for the negligent or reckless conduct that causes the harm: that is known as assumption of risk. It is a complete defense. This lesson explores the defense, which together with contributory negligence has been part of negligence law for more than a century-and-a-half. The border between the two classic negligence defenses is sometimes confusing, so questions navigate the differences.

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Multiple Defendants

This lesson deals with the rules governing the liability of multiple defendants in torts cases. It begins by examining joint and several liability and the rules governing contribution between tortfeasors, then moves on to consider why the majority of states has now modified the rules of joint and several liability. It also contrasts the different results produced by joint and several liability on the one hand and several liability on the other in cases involving insolvent defendants and settling defendants.

Lesson Viewed

Strict Liability: Abnormally Dangerous and Ultrahazardous Activities

Strict liability for dangerous activities began with the English case of Rylands v. Fletcher. The First Restatement and the Second Restatement both contained provisions for a similar form of such strict liability and such liability is widely recognized in the United States. This lesson explains and uses examples to explain and then compare and contrast those different theories. In addition, this lesson covers the basic limitations on that form of strict liability.

Lesson Viewed

Liability for Defectively Designed Products

This lesson deals with liability for defectively designed products and products that are defective because of an inadequate warning. It does not consider liability for defectively manufactured products, which are dealt with in the lesson Liability for Defectively Manufactured Products. It begins by comparing the two predominant tests for determining whether a product is defectively designed (the consumer expectations test and the risk/utility test), then considers the impact of warnings, including a consideration of the learned intermediary doctrine.

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General Concepts of Damages in Torts

This lesson introduces the student to the structure, function, and terminology of the law of damages in the context of torts cases. It deals with the concept of general and special damages and presents questions that help students distinguish the two categories. Problems of measurement of damages are introduced, and nominal damages are briefly considered.

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