Tort = a civil wrong apart from contract, remedied with money damages.

Three kinds: intentional, negligence, absolute/strict liability (Casualty outline adds vicarious liability).

Civ. Code §1714(a): liable for willful acts and for a want of ordinary care or skill.

Intentional tort = a deliberate act, not a failure of care.

Libel = written/fixed (Civ. §45); slander = spoken (Civ. §46).

Other examples: false arrest, battery.

Negligence = duty, breach, proximate cause, damages.

Intent is NOT an element of negligence.

No actual harm = no damages = no negligence claim.

Proximate cause = starts a natural, unbroken chain to the loss.

Efficient proximate cause (CA) = the predominant cause; covered only if it is a covered peril.

Not simply the first or last event in time.

Gross negligence (CACI 425) = lack of any care or an extreme departure from reasonable conduct.

Vicarious liability = answerable for another's wrong because of the relationship (Civ. §2338).

Vicarious ≠ absolute: the agent's negligence must still be shown.

Absolute/strict liability: no need to prove negligence.

Work injury = absolute (Lab. §3600(a)); dog bite = strict (Civ. §3342(a)); blasting = ultrahazardous.

Dog bite: liable even if the dog was never vicious before.

Special = measurable out-of-pocket (medical, lost wages, repairs); general = pain and suffering.

Compensatory = special + general.

Punitive (Civ. §3294): punish; oppression, fraud or malice by clear and convincing evidence.

California = PURE comparative negligence (Li v. Yellow Cab, 1975).

Comparative: damages × (100% − plaintiff's fault %).

Contributory: any plaintiff fault = $0.

"I didn't mean it" is not a defense to negligence.

Voluntarily joining an activity with inherent risks = assuming those risks.

Sports coparticipant: liable only for intentional injury or conduct outside the sport's ordinary range.

Assumption of the risk can defeat even a strict liability claim (kennel worker, Priebe v. Nelson).