Montana Law School 1L Study Guide for Torts
I. Introduction to Torts
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Understanding the basics of tort law involves grasping the key distinctions between intentional torts, negligence, and strict liability.
II. Intentional Torts
Intentional torts are civil wrongs resulting from intentional acts. The key concepts in intentional torts include:
A. Battery – Harmful or offensive contact with another person without consent.
B. Assault – An act that creates a reasonable apprehension in another of an immediate harmful or offensive contact.
C. False Imprisonment – The intentional confinement of another without lawful privilege and against the person’s consent.
D. Intentional Infliction of Emotional Distress (IIED) – Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress.
E. Trespass to Land – Entering or remaining on land in the possession of another without a privilege to do so.
F. Trespass to Chattels – Intentionally dispossessing another of chattels or using or intermeddling with chattels in the possession of another.
Case Law Example: Vosburg v. Putney (1891) – In this case, the court held that even an unintentional and playful act could be a battery if it results in harmful contact.
III. Negligence
Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The elements of negligence are:
A. Duty – The defendant owes a legal duty to the plaintiff.
B. Breach – The defendant breaches that duty.
C. Causation – The defendant’s breach caused the plaintiff’s injury.
D. Damages – The plaintiff suffered legal injury.
Case Law Example: Palsgraf v. Long Island Railroad Co. (1928) – This case established the principle of foreseeability in determining proximate cause in negligence actions.
IV. Strict Liability
Strict Liability is a legal doctrine that makes some persons or entities responsible for damages their activities cause, irrespective of fault. Key areas of strict liability include:
A. Abnormally Dangerous Activities – Activities that are inherently dangerous and carry a risk of serious harm even when reasonable care is exercised.
B. Liability for Defective Products – Manufacturers and sellers may be held liable if a product is defective and causes harm.
C. Animal Trespass – Owners are strictly liable for damages caused by an animal if they knew or should have known of the animal’s dangerous propensities.
V. Defenses to Torts
Several defenses can be used to mitigate or eliminate liability in tort cases:
A. Consent – The plaintiff consented to the act that resulted in harm.
B. Self-Defense – The defendant acted to protect themselves from harm.
C. Defense of Others – Similar to self-defense but in protection of another person.
D. Defense of Property – The defendant acted to protect their property from being harmed.
E. Comparative Negligence (Montana) – Montana follows the Modified Comparative Negligence rule where the plaintiff can recover damages only if they are less than 51% at fault.
VI. Damages
In tort law, damages are awarded to compensate the injured party. There are several types of damages:
A. Compensatory Damages – Intended to compensate the plaintiff for actual losses.
B. Punitive Damages – Intended to punish the defendant for egregious behavior and deter future misconduct.
C. Nominal Damages – A small sum awarded when the plaintiff has suffered no substantial loss or injury but has experienced an invasion of rights.
VII. Tort Reform in Montana
Tort reform refers to changes in the civil justice system that aim to reduce the ability of victims to bring tort litigation or reduce damages they can receive. In Montana, tort reform has included:
A. Damage Caps – Limits on the amount of non-economic damages available to plaintiffs.
B. Joint and Several Liability Reform – Modifications to the doctrine that allows a plaintiff to recover all damages from any of the multiple defendants regardless of their individual share of the liability.
C. Statutes of Limitations – Specific time limits within which a plaintiff must file a tort claim.
VIII. Conclusion
Understanding the principles of tort law, specifically within the Montana legal system, is crucial for any law student. The above concepts, cases, and applicable laws form the foundation of tort law and should be studied in detail to prepare thoroughly for exams. Keep in mind that this guide provides a starting point, and students should supplement their studies with in-depth analysis of the legal concepts, reading of full case opinions, and review of local statutes and rules in Montana.