Torts Multiple Choice Technique: in light of the challenge I seem to have with torts, its time to dive into the analysis of torts multiple question (guess). This is some of Professor Bracci’s lecture advice.
Step one: Identify the tort position we start with. What is the best theory?
- Intentional Tort (Easy to prove by the Plaintiff) (Potentially greater punitive recovery) (You want to get here if possible) This will speak to the defendant’s intentional behavior.
- Strict Liability: this will speak to conduct of that specific activity or defect of product.
- Negligence (Default starting position): will usually speak to the reasonableness of the defendant’s conduct.
Step two: Is there anything special about the parties status or relationship which will impact the first step?
Step three: Eliminate any alternative that speaks to the wrong theory.
Step four: Go for the best definitional answer in dealing with the tort or crucial element involved. The more specific, the better.