Juris Doctor 54 of 215

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?

  1. 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.
  2. Strict Liability: this will speak to conduct of that specific activity or defect of product.
  3. 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.