Torts

Torts on the CP Exam

Torts accounts for 7% of the CP exam. This content area tests your understanding of civil wrongs and the remedies available to injured parties. Questions focus on negligence analysis, intentional torts, strict liability, and defenses. Paralegals in personal injury and insurance defense firms work with tort law concepts daily.

Negligence

Negligence is the most heavily tested tort topic. You must be able to identify and analyze all four elements.

• Duty: The defendant owed a duty of reasonable care to the plaintiff. General standard is the reasonable person. Professionals are held to the standard of care in their profession. Landowner duties vary by jurisdiction (traditional: trespasser, licensee, invitee).
• Breach: The defendant's conduct fell below the applicable standard of care. Evaluated using the Learned Hand formula (burden vs. probability and severity of harm).
• Causation: Actual cause (but-for test or substantial factor test for multiple causes) and proximate cause (foreseeability of harm). Intervening and superseding causes can break the chain of causation.
• Damages: The plaintiff must suffer actual harm. Special damages (medical bills, lost wages) and general damages (pain and suffering) are compensatory. Punitive damages require willful or wanton conduct.

Intentional Torts

• Battery: Intentional harmful or offensive contact with another person.
• Assault: Intentional act creating reasonable apprehension of imminent harmful contact.
• False imprisonment: Intentional confinement of a person within fixed boundaries against their will.
• Intentional infliction of emotional distress (IIED): Extreme and outrageous conduct intentionally or recklessly causing severe emotional distress.
• Trespass to land: Intentional entry onto another's property without permission.
• Conversion: Intentional exercise of dominion or control over another's personal property, so serious it warrants full value payment.

Strict Liability

• Abnormally dangerous activities: Activities that cannot be made safe even with reasonable care (blasting, storing explosives). No fault required.
• Product liability: Manufacturers and sellers are strictly liable for defective products that cause injury. Defect types: manufacturing, design, and failure to warn.

Defenses

• Contributory negligence: Plaintiff's own negligence bars recovery entirely (minority of jurisdictions).
• Comparative fault: Pure (plaintiff recovers reduced by their % of fault) or modified (plaintiff barred if 50% or 51% at fault, depending on jurisdiction).
• Assumption of risk: Plaintiff voluntarily assumed a known risk. Express (written waiver) or implied (participating in inherently risky activities).

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