STUDY GUIDE: UTAH LAW SCHOOL 1L – TORTS
I. INTRODUCTION TO TORTS
Torts are civil wrongs that cause harm or injury, for which the injured party can seek legal relief. The goal of tort law is to provide compensation for injuries and deter wrongful conduct. The four elements of a tort are duty, breach, causation, and injury.
II. INTENTIONAL TORTS
Intentional torts involve actions performed with the intent to cause harm or injury. Examples include assault, battery, false imprisonment, trespass, conversion, and intentional infliction of emotional distress.
Case: Vosburg v. Putney (1891)
Facts: Defendant kicked plaintiff, aggravating a pre-existing condition.
Issue: Whether the defendant is liable for the injuries sustained by the plaintiff.
Rule: An intentional action causing harm, however slight, constitutes battery.
Application: The defendant intentionally kicked the plaintiff, which caused his injury.
Conclusion: The defendant was liable.
III. NEGLIGENCE
Negligence involves a failure to exercise reasonable care, resulting in harm to another. The elements of negligence are duty, breach, causation, and damages.
Case: Palsgraf v. Long Island Railroad Co. (1928)
Facts: Plaintiff was injured when a scale fell because of fireworks dropped by a passenger.
Issue: Whether the defendant owed a duty to the plaintiff.
Rule: A duty exists if the injury was a foreseeable result of the defendant’s conduct.
Application: The court found that the injury was not foreseeable.
Conclusion: The defendant was not liable.
IV. STRICT LIABILITY
Strict liability applies when an action is inherently dangerous or involves abnormally dangerous activities, animals, or defective products.
Case: Rylands v. Fletcher (1868)
Facts: Defendant’s reservoir flooded plaintiff’s coal mines.
Issue: Whether the defendant was liable for the damage.
Rule: A person who brings onto his land and collects and keeps there anything likely to do mischief if it escapes, is liable for all the damage which is the natural consequence of its escape.
Application: The defendant collected water in a reservoir; therefore, he is responsible for damage from its escape.
Conclusion: The defendant was liable.
V. DEFENSES TO TORTS
Defenses to torts include consent, privilege, self-defense, defense of others, necessity, and comparative/contributory negligence.
VI. DAMAGES
Damages in tort law aim to compensate the injured party. They may be compensatory (including special and general damages), nominal, or punitive.
VII. UTAH SPECIFIC TORT LAWS
Utah follows the modified comparative negligence rule. Under this rule, an injured party’s damages may be reduced by their percentage of fault, but if they are found to be 50% or more at fault, they cannot recover any damages.
Utah also has specific laws on defamation, requiring a showing of actual malice in cases involving public figures (New York Times Co. v. Sullivan, 1964).
In Utah, personal injury claims must be filed within four years from the date of the injury. If the injury is not discovered right away, the clock starts ticking when the injury was or should have been discovered.
Remember to study key case law, understand the elements and defenses of torts, and be aware of Utah’s specific laws and deadlines for filing claims. Good luck!