aistaredecisisDoctrine library · free

Legal doctrines, in plain English.

The elements, the controlling cases, the practical note. So you know what to ask, what to argue, and what your opposing counsel will say.

Tort

Negligence

A failure to act with reasonable care that causes foreseeable harm.

Elements
  • 1. Duty owed to the plaintiff
  • 2. Breach of that duty
  • 3. Causation (actual + proximate)
  • 4. Damages
Controlling examples
  • Palsgraf v. Long Island Railroad Co., 248 N.Y. 339 (1928) · New York
  • Rowland v. Christian, 69 Cal. 2d 108 (1968) · California

Most personal-injury, slip-and-fall, and car-accident claims are negligence theories.

Fraud (Intentional Misrepresentation)

Knowing false statement of material fact intended to induce reliance, on which the victim reasonably relied, causing damages.

Elements
  • 1. False representation of material fact
  • 2. Knowledge of falsity (or reckless disregard)
  • 3. Intent to induce reliance
  • 4. Justifiable reliance
  • 5. Damages
Controlling examples
  • Lazar v. Superior Court, 12 Cal. 4th 631 (1996) · California

Each element must be pleaded with particularity (Fed. R. Civ. P. 9(b) or state equivalent).

Intentional Infliction of Emotional Distress (IIED)

Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress.

Elements
  • 1. Extreme and outrageous conduct
  • 2. Intent or reckless disregard for emotional distress
  • 3. Severe emotional distress
  • 4. Causation
Controlling examples
  • Hustler Magazine v. Falwell, 485 U.S. 46 (1988) · Federal (US Supreme Court)

Bar is high — must be conduct beyond all bounds of decency, not mere insult or annoyance.

Defamation (Libel / Slander)

False statement of fact about plaintiff, published to a third party, causing reputational harm.

Elements
  • 1. False statement of fact (not opinion)
  • 2. Published to a third party
  • 3. Of and concerning plaintiff
  • 4. Fault (negligence for private; actual malice for public figure)
  • 5. Damages (or per-se categories)
Controlling examples
  • New York Times Co. v. Sullivan, 376 U.S. 254 (1964) · Federal (US Supreme Court)
  • Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) · Federal

Truth is an absolute defense. Public figures must prove actual malice (knowledge of falsity or reckless disregard).

Premises Liability

Property owner's duty to keep premises reasonably safe for those legally on the property.

Elements
  • 1. Defendant owned or controlled the premises
  • 2. Plaintiff was an invitee/licensee (or trespasser in limited cases)
  • 3. Dangerous condition existed
  • 4. Defendant knew or should have known
  • 5. Failure to warn or fix
  • 6. Causation + damages
Controlling examples
  • Rowland v. Christian, 69 Cal. 2d 108 (1968) · California

Modern trend (per Rowland) is to apply ordinary negligence regardless of plaintiff's status. Traditional states still use the invitee/licensee/trespasser distinction.

Contract

Breach of Contract

One party fails to perform an obligation that the contract required, causing the other party damages.

Elements
  • 1. Valid contract (offer, acceptance, consideration)
  • 2. Plaintiff performed (or was excused)
  • 3. Defendant breached
  • 4. Damages caused by the breach
Controlling examples
  • Hadley v. Baxendale, 9 Exch. 341 (1854) · Foundational (UK, adopted in US)

Statute of frauds may require written contract for certain agreements (land, year+ duration, $500+ goods).

Employment

Wrongful Termination

Discharge that violates public policy, contract, or anti-discrimination law.

Elements
  • 1. Employment relationship
  • 2. Discharge (or constructive)
  • 3. Violation of policy, contract, or statute
  • 4. Damages
Controlling examples
  • Tameny v. Atlantic Richfield Co., 27 Cal. 3d 167 (1980) · California
  • Gantt v. Sentry Insurance, 1 Cal. 4th 1083 (1992) · California

At-will employment is the default — wrongful-termination claims usually need a public-policy hook (whistleblower, discrimination, refusal to commit illegal act).

Federal Civil Rights

§1983 Civil Rights Claim

Federal claim against a state/local government actor for violating a constitutional or federal-statutory right.

Elements
  • 1. Person acting under color of state law
  • 2. Deprivation of a right secured by the Constitution or federal law
  • 3. Causation
Controlling examples
  • Monroe v. Pape, 365 U.S. 167 (1961) · Federal (US Supreme Court)
  • Monell v. Department of Social Services, 436 U.S. 658 (1978) · Federal

Qualified immunity is the major defense — officials are protected unless the right violated was 'clearly established' at the time.

Business / Tort

Breach of Fiduciary Duty

A person in a position of trust acted in their own interest to the principal's detriment.

Elements
  • 1. Fiduciary relationship
  • 2. Breach of duty (loyalty, care, disclosure)
  • 3. Damages caused by the breach
Controlling examples
  • Meinhard v. Salmon, 164 N.E. 545 (N.Y. 1928) · New York

Partners, corporate officers, agents, trustees, attorneys, and financial advisors all owe fiduciary duties.

Quasi-Contract

Unjust Enrichment

Defendant received a benefit at plaintiff's expense that it would be unjust to retain.

Elements
  • 1. Plaintiff conferred a benefit on defendant
  • 2. Defendant appreciated the benefit
  • 3. Inequitable for defendant to retain it without payment
Controlling examples
  • Restatement (Third) of Restitution and Unjust Enrichment §1 · Restatement / widely adopted

Equitable remedy — usually only available when no express contract governs.

Educational reference. Not legal advice. Each doctrine has state-by-state variations — consult a licensed attorney for your specific matter.