ABSTRACT
The distinction between tort and contract law illustrates the manner in which policy conflicts resolved at one level of generality reemerge at another level of generality. Modern tort law, following the lead of Oliver Wendell Holmes Jr., organizes tort duties according to the defendant's state of mind at the time the duty was breached. Intentional torts are generally categorized according to the type of injury caused. They include interferences with the person, such as assault, battery, and false imprisonment; interferences with property, such as trespass to land, trespass to chattels, and conversion; and interference with economic relations. The rule imposing liability for negligence, like those imposing liability for intentional torts, is limited by various rules creating defenses to liability. The defense of assumption of risk in negligence cases is analogous to the defense of consent in intentional tort cases.
