by The Law School of America
The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.
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Publishing Since
4/10/2020
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April 30, 2025
<p>This lecture on torts law explains the fundamental principles of negligence, outlining its four core elements: duty, breach, causation, and damages, alongside related doctrines such as res ipsa loquitur and negligence per se. The text details various standards of care and methods for establishing breach, including the Hand formula. It further analyzes causation and the requirement of actual harm for negligence claims. Finally, the lecture transitions to strict liability, discussing its application to abnormally dangerous activities, animals, and defective products, and briefly mentions defenses applicable to both negligence and strict liability.</p>
April 29, 2025
<p>Intentional torts require a volitional act by the defendant and a specific intent to cause harm or offensive contact, or knowledge with substantial certainty that such a consequence will result. This purposeful interference distinguishes them from the unintentional nature of negligence and the focus on the act itself in strict liability.</p><p>Harmful contact in battery refers to contact that results in physical injury or pain to the plaintiff. Offensive contact, on the other hand, is contact that would offend a reasonable person's sense of personal dignity, even if it does not cause physical harm.</p><p>A key element required for assault, but not for battery, is that the plaintiff must have a reasonable apprehension of an imminent harmful or offensive contact at the time the defendant acts. In battery, the plaintiff need not be aware of the contact when it occurs.</p><p>Confinement for false imprisonment involves intentionally restraining the plaintiff to a bounded area through physical barriers, force, threats, or failure to provide a means of escape when there is a duty to do so. Moral pressure or future threats are generally considered insufficient to constitute confinement.</p><p>Intentional infliction of emotional distress requires extreme and outrageous conduct that exceeds all bounds tolerated by a civilized society and intentionally or recklessly causes severe emotional distress. The threshold for outrageousness may be lowered if the defendant is in a position of power or if the plaintiff is known to be particularly vulnerable.</p><p>For trespass to land, the intent requirement applies only to the act of entering the land or causing a physical invasion. Knowledge that the land belongs to another is not necessary; even a mistaken belief of ownership does not negate the intent to enter.</p><p>The key distinction between trespass to chattels and conversion lies in the degree of interference with the plaintiff's personal property. Trespass to chattels involves a less significant interference resulting in dispossession or minor harm, while conversion involves a substantial interference requiring the defendant to pay the full market value of the chattel.</p><p>The doctrine of transferred intent states that if a defendant intends to commit one of five intentional torts (battery, assault, false imprisonment, trespass to land, trespass to chattels) against one person but instead commits a different one of these torts or affects a different person, the intent transfers. This holds the defendant liable despite the misdirected action.</p><p>The two broad categories of defenses to intentional torts discussed are consent-based defenses and protective privileges. An example of a consent-based defense is express consent to medical treatment, and an example of a protective privilege is self-defense against an imminent threat of unlawful force.</p><p>Under the majority rule, deadly force is permissible in self-defense only when the defendant reasonably believes they are facing an imminent threat of death or serious bodily harm. The force used must be proportionate to the threat.</p>
April 28, 2025
<p>This lecture provides a foundational overview of <strong>intentional torts</strong>, which require a volitional act and specific intent to cause harm or offensive contact, distinguishing them from negligence. It meticulously defines core intentional torts such as <strong>battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattels, and conversion</strong>, highlighting their key elements and frequently tested nuances. The lecture also comprehensively examines various <strong>defenses to intentional torts</strong>, including consent-based privileges and protective privileges like self-defense, defense of others, defense of property, and the necessities. Finally, it explains the <strong>doctrine of transferred intent</strong> and reinforces understanding with hypothetical scenarios, emphasizing the importance of intent and context in determining liability.</p>
Alison Monahan and Lee Burgess - Law School Toolbox, LLC
LSAT Demon
Professor Leslie Garfield Tenzer
Prologue Projects
Bar Exam Toolbox
NPR
Opening Arguments Media LLC
NPR
Prof. Thomas Main
The New York Times
Unknown author
audiochuck
Unknown author
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