Tort Law Lessons | Law | MemoryTricks

⚖️ Tort Law

Memory Tricks

Proven Mnemonics & Acronyms — fast to learn, hard to forget.

🎥 How Flashcards Work

A quick walkthrough of tap-to-flip, rating, and how card colors track what you're struggling with.

← Back Next →

Tort Law deck1 of 9

Tap to flip

← →

How well do YOU think you know this?

Easy Medium Hard Harder

Tap to flip back

Tort Law deck

Easy0

Medium0

Hard0

Harder0

Negligence

DBCA (D=Duty, B=Breach, C=Causation, A=Actual damages) — the four elements of negligence

Duty · Breach · Causation · Actual damages

Every negligence claim requires all four elements — miss one and the claim fails. DBCA: Defendant owed a Duty of care · Breached that duty · Causation (actual + proximate) · Actual damages resulted. No harm = no negligence claim, even if defendant was careless.

Duty

Reasonable person standard — defendant must act as a reasonably prudent person would under the circumstances.

Breach

Failure to meet the standard of care. Hand formula (B<PL): breach if burden of precaution is less than probability × magnitude of loss.

Causation

Two-part test: Actual cause (but-for test) AND proximate cause (foreseeable harm, no superseding cause).

📖 Full Lesson →

🎥 Watch Instead

▶

Video coming soon

This lesson's animated video hasn't been made yet — check back soon.

Flashcard

🃏 Negligence

DBCA

Tap to flip

🃏 Answer

DBCA (D=Duty, B=Breach, C=Causation, A=Actual damages) — the four elements of negligence

DutyReasonable person standard — defendant must act as a reasonably prudent person would under the circumstances.

BreachFailure to meet the standard of care. Hand formula (B<PL): breach if burden of precaution is less than probability × magnitude of loss.

CausationTwo-part test: Actual cause (but-for test) AND proximate cause (foreseeable harm, no superseding cause).

Tap to flip back

Intentional Torts

ABCDEFFT (A=Assault, B=Battery, C=Conversion, D=Defamation, E=IIED/Intentional Infliction of Emotional Distress, F=False imprisonment, F=Fraud, T=Trespass) — intentional torts

Assault · Battery · Conversion · Defamation · False imprisonment · IIED · False light · Trespass

Intentional torts require a deliberate act — not negligence. ABCDEFFT covers the major ones tested on every intro law exam. Unlike negligence, intent to cause the act (not necessarily the harm) is enough. Transferred intent applies across most of these.

Assault

Intentional act causing reasonable apprehension of imminent harmful contact. No physical contact required.

Battery

Intentional harmful or offensive contact with another person. Contact need not cause injury — an unwanted kiss is battery.

Conversion

Intentional interference with another's personal property so serious it warrants full value — essentially forced sale.

📖 Full Lesson →

🎥 Watch Instead

▶

Video coming soon

This lesson's animated video hasn't been made yet — check back soon.

Flashcard

🃏 Intentional Torts

ABCDEFFT

Tap to flip

🃏 Answer

ABCDEFFT (A=Assault, B=Battery, C=Conversion, D=Defamation, E=IIED/Intentional Infliction of Emotional Distress, F=False imprisonment, F=Fraud, T=Trespass) — intentional torts

AssaultIntentional act causing reasonable apprehension of imminent harmful contact. No physical contact required.

BatteryIntentional harmful or offensive contact with another person. Contact need not cause injury — an unwanted kiss is battery.

ConversionIntentional interference with another's personal property so serious it warrants full value — essentially forced sale.

Tap to flip back

Strict Liability

AWD (A=Abnormally dangerous activities, W=Wild animals, D=Defective products) — three categories of strict liability

Abnormally dangerous · Wild animals · Defective products

Strict liability holds defendants liable without any proof of negligence or intent. AWD covers the three main categories: abnormally dangerous activities (blasting, storing explosives) · wild animals · defective products (products liability). Engage in these — you pay if harm results.

Abnormally dangerous

Rylands v. Fletcher rule — activities with high risk of serious harm that can't be eliminated with care. Blasting, fumigation, nuclear material.

Wild animals

Owners of wild animals (lions, bears, exotic pets) are strictly liable for any harm caused. Domestic animals: one-bite rule in most states.

Defective products

Products liability — manufacturer/seller liable for defective design, manufacturing defect, or failure to warn. Restatement §402A.

📖 Full Lesson →

🎥 Watch Instead

▶

Video coming soon

This lesson's animated video hasn't been made yet — check back soon.

Flashcard

🃏 Strict Liability

AWD

Tap to flip

🃏 Answer

AWD (A=Abnormally dangerous activities, W=Wild animals, D=Defective products) — three categories of strict liability

Abnormally dangerousRylands v. Fletcher rule — activities with high risk of serious harm that can't be eliminated with care. Blasting, fumigation, nuclear material.

Wild animalsOwners of wild animals (lions, bears, exotic pets) are strictly liable for any harm caused. Domestic animals: one-bite rule in most states.

Defective productsProducts liability — manufacturer/seller liable for defective design, manufacturing defect, or failure to warn. Restatement §402A.

Tap to flip back

Defamation

FPATH (F=False statement of fact, P=Publication, A=About plaintiff, T=Tangible harm, H=Higher standard for public figures/actual malice) — elements of defamation

False · Published · About plaintiff · To a third party · Harm to reputation

FPATH covers defamation's core elements. Critical distinction: public figures (celebrities, politicians) must prove actual malice (NYT v. Sullivan) — knowledge of falsity or reckless disregard. Private figures only need negligence. Truth is an absolute defense.

False

Must be a false statement of fact — not opinion. "I think he's dishonest" is opinion; "He stole $1,000" is a factual claim.

Published

Communicated to at least one person other than the plaintiff. Repeating a defamatory statement is also publication.

Actual malice

NYT v. Sullivan (1964) — public figures must prove defendant knew statement was false or acted with reckless disregard for truth.

📖 Full Lesson →

🎥 Watch Instead

▶

Video coming soon

This lesson's animated video hasn't been made yet — check back soon.

Flashcard

🃏 Defamation

FPATH

Tap to flip

🃏 Answer

FPATH (F=False statement of fact, P=Publication, A=About plaintiff, T=Tangible harm, H=Higher standard for public figures/actual malice) — elements of defamation

FalseMust be a false statement of fact — not opinion. "I think he's dishonest" is opinion; "He stole $1,000" is a factual claim.

PublishedCommunicated to at least one person other than the plaintiff. Repeating a defamatory statement is also publication.

Actual maliceNYT v. Sullivan (1964) — public figures must prove defendant knew statement was false or acted with reckless disregard for truth.

Tap to flip back

Causation

BUT-FOR test (actual causation — but for defendant's breach, would plaintiff have been harmed?) + FORESEEABLE (proximate causation — was the harm a foreseeable result of the breach?)

Actual cause (but-for test) · Proximate cause (foreseeability)

Causation has two gates a plaintiff must pass through. Actual cause: but for the defendant's act, would the harm have occurred? Proximate cause: was the type of harm foreseeable? Superseding causes — unforeseeable intervening acts — can break the chain and relieve defendants of liability.

But-for test

But for defendant's act, plaintiff would not have been harmed. Fails if harm would have occurred anyway (concurrent causes use substantial factor test).

Proximate cause

Was the plaintiff's injury a foreseeable result of defendant's negligence? Palsgraf v. Long Island Rail Road — liability limited to foreseeable plaintiffs.

Superseding cause

An unforeseeable intervening act that breaks the causal chain — relieves original defendant of liability. Criminal acts of third parties often qualify.

📖 Full Lesson →

🎥 Watch Instead

▶

Video coming soon

This lesson's animated video hasn't been made yet — check back soon.

Flashcard

🃏 Causation

Actual vs proximate causation — the two tests?

Tap to flip

🃏 Answer

BUT-FOR test (actual causation — but for defendant's breach, would plaintiff have been harmed?) + FORESEEABLE (proximate causation — was the harm a foreseeable result of the breach?)

But-for testBut for defendant's act, plaintiff would not have been harmed. Fails if harm would have occurred anyway (concurrent causes use substantial factor test).

Proximate causeWas the plaintiff's injury a foreseeable result of defendant's negligence? Palsgraf v. Long Island Rail Road — liability limited to foreseeable plaintiffs.

Superseding causeAn unforeseeable intervening act that breaks the causal chain — relieves original defendant of liability. Criminal acts of third parties often qualify.

Tap to flip back

Defenses to Negligence

CRAVE (C=Contributory negligence, R=comparative negligence Reduction, A=Assumption of risk, V=Volenti non fit injuria, E=Employer/vicarious liability defenses)

Contributory · Comparative · Assumption of risk · Volenti · Emergency

CRAVE covers defenses a negligent defendant can raise. Most states use comparative fault (pure or modified) — reducing plaintiff's award by their percentage of fault. Contributory negligence (old rule, still in 4 states) bars recovery entirely if plaintiff was even 1% at fault.

Contributory negligence

Old common law rule — plaintiff's own negligence, however slight, bars all recovery. Still used in MD, VA, NC, AL, DC.

Comparative fault

Pure: plaintiff recovers even if 99% at fault (reduced). Modified: plaintiff barred if 50% or 51%+ at fault (majority rule).

Assumption of risk

Plaintiff knowingly and voluntarily encountered a known risk. Express (signed waiver) or implied (spectator at baseball game).

📖 Full Lesson →

🎥 Watch Instead

▶

Video coming soon

This lesson's animated video hasn't been made yet — check back soon.

Flashcard

🃏 Defenses to Negligence

CRAVE

Tap to flip

🃏 Answer

CRAVE (C=Contributory negligence, R=comparative negligence Reduction, A=Assumption of risk, V=Volenti non fit injuria, E=Employer/vicarious liability defenses)

Contributory negligenceOld common law rule — plaintiff's own negligence, however slight, bars all recovery. Still used in MD, VA, NC, AL, DC.

Comparative faultPure: plaintiff recovers even if 99% at fault (reduced). Modified: plaintiff barred if 50% or 51%+ at fault (majority rule).

Assumption of riskPlaintiff knowingly and voluntarily encountered a known risk. Express (signed waiver) or implied (spectator at baseball game).

Tap to flip back

Products Liability

DMW (D=Design defect, M=Manufacturing defect, W=Warning defect) — three theories of products liability

Design defect · Manufacturing defect · Warning defect (failure to warn)

Products liability holds manufacturers, distributors, and sellers strictly liable for defective products. DMW covers the three defect types: Design (the whole product line is dangerous) · Manufacturing (one unit deviated from the design) · Warning (adequate instructions or warnings were missing).

Design defect

The entire product line is unreasonably dangerous. Tests: consumer expectation (ordinary consumer) or risk-utility (was safer design feasible?).

Manufacturing defect

A specific unit deviated from the intended design during production — the blueprint was fine, the execution wasn't.

Failure to warn

Product had non-obvious risks that manufacturer failed to disclose. Learned intermediary doctrine: pharma companies warn doctors, not patients directly.

📖 Full Lesson →

🎥 Watch Instead

▶

Video coming soon

This lesson's animated video hasn't been made yet — check back soon.

Flashcard

🃏 Products Liability

DMW

Tap to flip

🃏 Answer

DMW (D=Design defect, M=Manufacturing defect, W=Warning defect) — three theories of products liability

Design defectThe entire product line is unreasonably dangerous. Tests: consumer expectation (ordinary consumer) or risk-utility (was safer design feasible?).

Manufacturing defectA specific unit deviated from the intended design during production — the blueprint was fine, the execution wasn't.

Failure to warnProduct had non-obvious risks that manufacturer failed to disclose. Learned intermediary doctrine: pharma companies warn doctors, not patients directly.

Tap to flip back

Damages

CESP (C=Compensatory damages, E=Economic/special damages, S=non-economic/general damages, P=Punitive damages) — tort damages

Compensatory · Economic · Special · Punitive

Unlike contract law, tort damages can include punitive awards. CESP: Compensatory (make plaintiff whole) · Economic/Special damages (medical bills, lost wages — calculable) · Non-economic/General damages (pain and suffering, emotional distress) · Punitive damages (egregious/malicious conduct only).

Special damages

Quantifiable economic losses — medical expenses, lost wages, future earnings, property damage. Must be specifically pleaded.

General damages

Non-economic losses — pain and suffering, loss of consortium, emotional distress, disfigurement. No precise calculation.

Punitive damages

Awarded to punish and deter — only when defendant's conduct was malicious, fraudulent, or oppressive. Due process limits ratio vs. compensatory.

📖 Full Lesson →

🎥 Watch Instead

▶

Video coming soon

This lesson's animated video hasn't been made yet — check back soon.

Flashcard

🃏 Damages

CESP

Tap to flip

🃏 Answer

CESP (C=Compensatory damages, E=Economic/special damages, S=non-economic/general damages, P=Punitive damages) — tort damages

Special damagesQuantifiable economic losses — medical expenses, lost wages, future earnings, property damage. Must be specifically pleaded.

General damagesNon-economic losses — pain and suffering, loss of consortium, emotional distress, disfigurement. No precise calculation.

Punitive damagesAwarded to punish and deter — only when defendant's conduct was malicious, fraudulent, or oppressive. Due process limits ratio vs. compensatory.

Tap to flip back

Defenses to Int. Torts

SCND (S=Self-defense, C=Consent, N=Necessity, D=Discipline) — defenses to intentional torts

Self-defense · Consent · Necessity · Defense of others/property

Intentional tort defendants have powerful defenses. SCND: Self-defense (reasonable force to protect yourself) · Consent (plaintiff agreed) · Necessity (public or private — destroy property to prevent greater harm) · Defense of others and defense of property. Force must always be proportionate.

Self-defense

May use reasonable force to prevent imminent harmful contact. Deadly force only if reasonable belief of deadly threat. No duty to retreat in most states.

Consent

Express or implied consent negates most intentional torts. Participants in contact sports impliedly consent to ordinary contact. Consent obtained by fraud is invalid.

Necessity

Public necessity (destroy property to save many) — complete defense, no liability. Private necessity (save yourself) — partial defense, must pay for damage caused.

📖 Full Lesson →

🎥 Watch Instead

▶

Video coming soon

This lesson's animated video hasn't been made yet — check back soon.

Flashcard

🃏 Defenses to Int. Torts

SCND

Tap to flip

🃏 Answer

SCND (S=Self-defense, C=Consent, N=Necessity, D=Discipline) — defenses to intentional torts

Self-defenseMay use reasonable force to prevent imminent harmful contact. Deadly force only if reasonable belief of deadly threat. No duty to retreat in most states.

ConsentExpress or implied consent negates most intentional torts. Participants in contact sports impliedly consent to ordinary contact. Consent obtained by fraud is invalid.

NecessityPublic necessity (destroy property to save many) — complete defense, no liability. Private necessity (save yourself) — partial defense, must pay for damage caused.

Tap to flip back

🎓 Common Exam Questions

Memory tricks for tort law

Memory Tricks