Tort law

Strict Liability vs. Negligence Strict liability and negligence are two different foundations of tort liability. Both can make a person or business legally responsible for harm caused to another, but they reach that result through very different legal principles. Negligence is based on fault. The plaintiff generally must prove that Read more

Abnormally Dangerous Activities An abnormally dangerous activity is an activity that creates an unusually serious risk of harm even when the person conducting it exercises reasonable care. Under the traditional rules of tort law, a person who engages in an abnormally dangerous activity may be held strictly liable for certain Read more

What Is Strict Liability in Tort Law? Strict liability is a principle of tort law under which a person may be held legally responsible for harm without the injured person having to prove negligence or intentional wrongdoing. In ordinary negligence cases, liability depends on showing that the defendant failed to Read more

Opinion vs. Defamatory Fact One of the most important questions in defamation law is whether a statement is an opinion or an assertion of fact. The distinction matters because defamation generally concerns false statements of fact, not merely opinions, insults, predictions, or rhetorical expressions. Consider these two statements: “I think Read more

Truth as a Defense to Defamation Truth is one of the most fundamental defenses to a defamation claim. The basic principle is simple: A person generally cannot recover for defamation based on a statement that is substantially true. Defamation law protects people from certain false statements that wrongfully damage reputation. Read more

Libel vs. Slander Libel and slander are the two traditional forms of defamation. Both involve communications that may unlawfully damage another person’s reputation. The traditional distinction is primarily based on how the defamatory statement is communicated: In modern life, however, the distinction is less straightforward than it once was. Social Read more

What Is Defamation? Defamation is a tort that protects a person’s reputation from certain false statements of fact that are communicated to others and cause legally recognizable harm. In ordinary language, defamation means wrongfully damaging someone’s reputation by communicating a false factual claim about that person to someone else. But Read more

Assault vs. Battery: The Legal Difference Assault and battery are two of the oldest and most important intentional torts in U.S. common law. They are also among the most frequently confused. In everyday speech, people often use the words assault and battery interchangeably. In tort law, however, they describe different Read more

IIED vs. NIED Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED) are two tort doctrines that address serious emotional harm. They are easy to confuse because both involve emotional distress. But they arise from fundamentally different theories of responsibility. The simplest distinction is this: IIED Read more