Study guide: Fundamentals of Tort Law

Chapter 5: Law of Tort Revision Sheet

1. 📌 Essentials

• Tort: Civil wrong causing harm or loss, actionable for compensation.
• Elements: wrongful act, damage, caus.
• Damages: compensatory, nominal, exemplary.
• Types: wrongful act, legal damage, remedies.
• Dum pum sine: wrongful act without injury.
• Injuria sine: injury without damage.
• Strict liability: liability without fault; exceptions include act of God.
• Absolute liability: strict liability with no defenses.
• Vicarious liability: employer-employee, principal-agent, state.
• Key torts: battery, assault, false imprisonment, negligence, defamation.

2. 🧩 Key Structures & Components

• Wrongful Act — breach of duty causing damage.
• Damage — injury or loss suffered.
• Causation — link between act and damage.
• Damages — monetary compensation awarded.
• Strict Liability — liability without fault.
• Absolute Liability — liability with no defenses.
• Vicarious Liability — liability of one for another’s acts.
• Battery — intentional physical contact without consent.
• Assault — threat causing immediate apprehension.
• False Imprisonment — unlawful confinement.
• Negligence — breach of duty causing harm.
• Defamation — false statement damaging reputation.
• Malicious Prosecution — wrongful criminal proceedings.

3. 🔬 Functions, Mechanisms & Relationships

• Tortious act → breach of duty → causes damage.
• Causation links wrongful act to injury.
• Damages compensate for actual loss or punish wrongful conduct.
• Strict liability applies regardless of fault, with exceptions.
• Vicarious liability holds employer/principal liable for acts within scope.
• Battery and assault involve intentional harm or threat.
• False imprisonment involves unlawful confinement.
• Negligence requires duty, breach, causation, damage.
• Malicious prosecution involves lack of reasonable grounds and malice.
• Defamation damages reputation through false statements.

4. 📊 Comparative Table

5. 🗂️ Hierarchical Diagram

Tort
 ├─ Elements of Tort
 │   ├─ Wrongful act
 │   ├─ Damage
 │   └─ Causation
 ├─ Damages
 │   ├─ Compensatory
 │   ├─ Nominal
 │   └─ Exemplary
 ├─ Types of Torts
 │   ├─ Wrongful act
 │   ├─ Legal damage
 │   └─ Remedies
 ├─ Wrongful acts
 │   ├─ Dum pum sine
 │   └─ Injuria sine
 ├─ Liability
 │   ├─ Strict liability
 │   │   └─ Exceptions
 │   ├─ Absolute liability
 │   └─ Vicarious liability
 │       ├─ Employer-employee
 │       ├─ Principal-agent
 │       └─ State liability
 └─ Specific Torts
     ├─ Battery
     ├─ Assault
     ├─ Bodily harms
     ├─ False imprisonment
     ├─ Malicious prosecution
     ├─ Nervous shock
     ├─ Defamation
     └─ Negligence

6. ⚠️ High-Yield Pitfalls & Confusions

• Confusing injuria sine (injury without damage) with dum pum sine (wrongful act without injury).
• Overlooking exceptions to strict liability, e.g., act of God.
• Mistaking vicarious liability scope—must be within employment or agency.
• Confusing assault (threat) with battery (physical contact).
• Assuming all false imprisonment is unlawful—must lack lawful justification.
• Neglecting the requirement of proximity and sudden shock in nervous shock claims.
• Misunderstanding the difference between defamation (libel vs. slander).
• Overgeneralizing negligence without establishing all four elements.

7. ✅ Final Exam Checklist

• Understand the definition of tort and its purpose.
• Memorize the three core elements: wrongful act, damage, causation.
• Differentiate between types of damages.
• Know the difference between dum pum sine and injuria sine.
• Recognize circumstances of strict and absolute liability.
• Identify vicarious liability and relevant cases.
• Be able to define and distinguish battery, assault, false imprisonment.
• Know the essential features of malicious prosecution.
• Understand mental injury claims like nervous shock.
• Be familiar with defamation and its types.
• Master the elements of negligence: duty, breach, causation, damage.
• Review key case laws and examples for each tort.
• Clarify common confusions and pitfalls.
• Prepare for scenario-based questions applying principles.
• Remember exceptions and defenses related to liability.

---