Torts
Torts covers civil wrongs that cause harm, including negligence, intentional torts, and strict liability. This chapter reviews general principles tested on the MBE. Specific rules vary by jurisdiction.
Negligence
A negligence claim generally requires duty, breach, causation, and damages. Breach is measured against an objective standard: how a reasonably prudent person would act under the same or similar circumstances. Causation includes both actual (but-for) and proximate cause.
Intentional Torts
Intentional torts include battery (intentional harmful or offensive contact), assault, false imprisonment, and others, each requiring intent and its own specific elements. These differ from negligence because the defendant intends the act that causes the invasion of the plaintiff's interest.
Strict Liability and Defenses
Some activities, such as abnormally dangerous activities and certain product-liability situations, may impose liability without fault. Defenses such as comparative or contributory negligence and assumption of risk can reduce or bar recovery, with approaches varying by jurisdiction.