**Torts Attack Sheet for the Florida Bar Exam**
**I. Introduction to Torts**
– Definition: Civil wrongs that cause harm or loss, leading to legal liability.
– Purpose: To compensate victims for injuries or losses caused by the conduct of others.
**II. Intentional Torts**
A. **Battery**
– Definition: Intentional infliction of harmful or offensive contact.
– Elements: Act, Intent, Causation, Harmful or Offensive Contact.
– Defenses: Consent, Self-defense, Defense of others, Defense of property.
B. **Assault**
– Definition: Intentional creation of a reasonable apprehension of imminent harmful or offensive contact.
– Elements: Act, Intent, Causation, Reasonable Apprehension.
– Defenses: Same as battery.
C. **False Imprisonment**
– Definition: Intentional confinement of a person without legal authority.
– Elements: Act, Intent, Causation, Confinement within fixed boundaries.
– Defenses: Consent, Legal Authority.
D. **Intentional Infliction of Emotional Distress (IIED)**
– Definition: Intentional or reckless conduct causing severe emotional distress.
– Elements: Outrageous Conduct, Intent or Recklessness, Causation, Severe Emotional Distress.
– Defenses: Truth (in some scenarios), First Amendment protections.
E. **Trespass to Land**
– Definition: Intentional entry onto the land of another without permission.
– Elements: Act, Intent, Causation, Unauthorized Entry.
– Defenses: Consent, Necessity, Privilege.
F. **Trespass to Chattels**
– Definition: Intentional interference with the use or possession of personal property.
– Elements: Act, Intent, Interference, Causation, Damages.
– Defenses: Consent, Legal Authority.
G. **Conversion**
– Definition: Intentional exercise of dominion or control over another’s chattel.
– Elements: Act, Intent, Wrongful Exercise of Control, Causation, Serious Interference.
– Defenses: Consent, Legal Authority.
**III. Negligence**
A. **Duty**
– Definition: Legal obligation to conform to a standard of conduct to protect others from unreasonable risks.
– Special Duties: Invitees, Licensees, Trespassers, Special Relationships.
– Florida Specifics: Florida follows the common law system for determining duty.
B. **Breach**
– Definition: Failure to meet the standard of care.
– Determination: Reasonableness under the circumstances, Custom, Statutory Violation (Negligence Per Se).
C. **Causation**
– Actual Cause: “But for” test or substantial factor test.
– Proximate Cause: Foreseeability of harm.
– Intervening Causes: Superseding cause analysis.
D. **Damages**
– Types: Compensatory (economic and non-economic), Punitive (in rare cases).
– Florida Specifics: Florida has a comparative negligence system and may limit certain damages.
E. **Defenses**
– Comparative Negligence: Plaintiff’s recovery is reduced by their percentage of fault.
– Assumption of Risk: Plaintiff voluntarily assumes a known risk.
– Sovereign Immunity: Limits on suing the government.
**IV. Strict Liability**
A. **Abnormally Dangerous Activities**
– Definition: Activities that carry a high risk of serious harm, regardless of precautions.
– Elements: Abnormally Dangerous Activity, Causation, Damages.
B. **Product Liability**
– Liability of a manufacturer or seller for defective products.
– Theories: Manufacturing Defect, Design Defect, Failure to Warn.
– Florida Specifics: Florida follows the strict liability theory for product liability.
**V. Defamation**
– Definition: False statement harming the reputation of another.
– Slander (spoken) vs. Libel (written).
– Elements: Defamatory Statement, Publication, Fault, Damages (unless per se).
– Defenses: Truth, Privilege, Consent, Public Figure (actual malice standard).
**VI. Privacy Torts**
– Intrusion upon Seclusion.
– Appropriation of Name or Likeness.
– Public Disclosure of Private Facts.
– False Light.
**VII. Vicarious Liability**
– Employers are liable for tortious acts of employees within the scope of employment.
**VIII. Defense to Torts**
– Consent.
– Self-Defense.
– Defense of Others.
– Defense of Property.
– Necessity.
– Authority of Law.
**IX. Damages**
– Compensatory: Economic and Non-Economic.
– Punitive: Intended to punish and deter.
**X. Florida Specifics**
– Familiarize with any Florida-specific statutes that alter or affect tort principles.
– Understand Florida’s auto insurance and PIP (Personal Injury Protection) laws.
**XI. Practice and Review**
– Apply the principles in hypothetical fact patterns.
– Review past Florida Bar Exam questions and answers.
– Focus on issue-spotting and concise rule application.
**XII. Conclusion**
– Remember that organization, analysis, and clear presentation are key.
– Stay up-to-date with any changes in Florida tort law leading up to the exam.
Note: This attack sheet provides a high-level overview and is not exhaustive. You must study the details of each tort and the interplay with Florida-specific statutes and case law to ensure full preparation for the Florida Bar Exam.