Torts

Intentional torts, negligence, strict liability, products liability, defamation, privacy and the defenses to each.

1 chapter1 hour of reading32 practice questions

Read chapter 1 free Practice 10 questions

Chapters

1Intentional Torts to the PersonHow Torts is tested on the MBE and the essays, and the four intentional torts that protect the body, the mind and personal freedom: battery, assault, false imprisonment and intentional infliction of emotional distress. The chapter teaches the intent element (purpose or substantial certainty), transferred intent and the capacity rule, states the elements of each tort with the fact patterns that separate them, and closes with the damages available, including nominal damages and the California punitive-damages standard in Civil Code § 3294.61 minFree

How California differs

From chapter 1

CACalifornia distinction

Punitive damages: standard of proof and evidence

General rule (federal / majority)

Courts allow punitive damages for malicious, willful and wanton, or reckless conduct. The standard of proof varies: many states require clear and convincing evidence, while others use a preponderance. The MBE rarely tests the standard.

California

Civil Code § 3294 requires clear and convincing evidence of oppression, fraud or malice, each defined by the statute. The plaintiff must present evidence of the defendant’s financial condition (Adams v. Murakami (1991) 54 Cal.3d 105). The defendant may keep that evidence out until liability for punitive damages is found (Cal. Civ. Code § 3295).

If the call names California law, write the § 3294 sentence with the three words and the clear and convincing standard. If the call is silent, state the general rule, and add one sentence on California only if it changes the result.

Lessons

David Alvarez

Torts lecturer

Personal-injury trial lawyer (San Diego), 60+ jury trials; teaches negligence through cases.

Our lecturers are AI-voiced teaching personas; the portraits are illustrations.

Video lessons for Torts are being recorded.

All 13 subjects from $249 a month

Unlimited MBE and California questions, timed sets and mocks, AI essay feedback, every chapter as it is published and a study plan built around your exam date.

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