Use Quimbee’s Torts Outline and Quickline to ace your final exam in torts or to supplement your preparation for the Multistate Bar Examination (MBE). Professionally written and fully accessible 24/7 on desktop, tablet, and mobile devices, Quimbee’s Torts Outline covers intentional torts, negligence, strict and vicarious liability, products liability, and defamation.
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A tort generally arises where a person acts, with the requisite level of culpability, in such a way as to cause legally-cognizable harm to another person. The law will provide the person who suffered harm with a civil remedy against the person whose wrongful act caused the harm. The remedy usually takes the form of money damages. [See Black’s Law Dictionary (10th ed. 2014), tort]
An act, for purposes of tort law, may consist of either an act of commission or an act of omission. [See Black’s Law Dictionary (10th ed. 2014), act]
Act of Commission
An act of commission consists of what most people might think of as a positive act or an affirmative act. The term refers to a movement of the body (especially a voluntary movement) that produces a discernible effect in the external world.
An adolescent boy sees an adolescent girl walking by. The boy extends his foot in such a way as to cause the girl to trip and injure herself. This is an act of commission....