Creating a comprehensive Torts Attack Sheet for the Texas Bar Exam can be an instrumental tool for law students and bar exam candidates. It serves as a quick reference to the key concepts, rules, and cases relevant to tort law in Texas. Below is a structured format for a Torts Attack Sheet tailored for the Texas Bar Exam.
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# Torts Attack Sheet for the Texas Bar Exam
## I. Intentional Torts
### A. Battery
– Definition: Intentional infliction of harmful or offensive contact.
– Elements: Act, Intent, Causation, Harmful or Offensive Contact.
– Defenses: Consent, Self-defense, Defense of others, Defense of property.
### B. Assault
– Definition: Intentional act causing reasonable apprehension of imminent harmful or offensive contact.
– Elements: Act, Intent, Apprehension, Imminent.
– Defenses: Same as battery.
### C. False Imprisonment
– Definition: Intentional act of confinement or restraint without legal authority.
– Elements: Act, Intent, Confinement, Awareness of Confinement.
– Defenses: Lawful authority, Consent.
### D. Intentional Infliction of Emotional Distress (IIED)
– Definition: Extreme and outrageous conduct causing severe emotional distress.
– Elements: Act, Intent or Recklessness, Outrageousness, Severe Emotional Distress.
– Defenses: First Amendment considerations.
### E. Trespass to Land
– Definition: Intentional and unlawful entry onto another’s land.
– Elements: Act, Intent, Entry, Land of Another.
– Defenses: Consent, Necessity.
### F. Trespass to Chattels
– Definition: Intentional interference with another’s use or possession of personal property.
– Elements: Act, Intent, Interference, Personal Property.
– Defenses: Consent, Lawful justification.
### G. Conversion
– Definition: Intentional exercise of control over another’s personal property.
– Elements: Act, Intent, Dominion or Control, Personal Property.
– Defenses: Lawful justification.
## II. Negligence
### A. Duty
– Reasonable person standard.
– Special duties (e.g., children, professionals).
– Premises liability (invitees, licensees, trespassers).
– Texas specific considerations (e.g., no duty to rescue).
### B. Breach
– Failure to conform to the standard of care.
– Texas uses the “reasonable person” standard.
– Res ipsa loquitur (the thing speaks for itself).
### C. Causation
– Actual cause (but-for test, substantial factor test).
– Proximate cause (foreseeability test).
– Intervening and superseding causes.
### D. Damages
– Compensatory (economic and non-economic).
– Punitive damages (only for gross negligence, fraud, or malice in Texas).
### E. Defenses
– Contributory negligence (not recognized in Texas).
– Comparative negligence (modified comparative negligence with a 51% bar rule in Texas).
– Assumption of the risk.
## III. Strict Liability
### A. Abnormally Dangerous Activities
– Factors determining abnormally dangerous.
– No fault required.
### B. Animals
– Owner liability for harm caused by wild animals or domestic animals with known vicious propensities.
## IV. Products Liability
– Strict product liability.
– Negligence-based claims.
– Warranty theories (express and implied).
## V. Defamation
– Defamatory statement.
– Falsity.
– Publication.
– Injury.
– Defenses (truth, privilege, consent).
## VI. Privacy Torts
– Intrusion upon seclusion.
– Public disclosure of private facts.
– False light.
– Appropriation.
## VII. Business Torts
– Fraud.
– Interference with contract.
– Interference with prospective economic advantage.
## VIII. Defenses to Torts
– Statute of limitations (two years for personal injury in Texas).
– Comparative responsibility (proportionate responsibility in Texas).
– Immunities (governmental, charitable).
## IX. Damages in Torts
– Compensatory damages.
– Punitive damages (capped in Texas; requires clear and convincing evidence of malice, fraud, or gross negligence).
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This Torts Attack Sheet is designed to provide a top-level overview of key elements and defenses for quick recall during the Texas Bar Exam. It is essential to expand on these points with case law, deeper analysis, and Texas-specific nuances during your study preparation. Always refer to the most recent updates in the law, as tort law can evolve with new legislation and judicial decisions.