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Torts Outline

Torts Outline

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Published by cjd223

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Published by: cjd223 on Sep 24, 2009
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12/23/2012

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I.
Battery
A. Elements of Battery1. Act2. Intenta. Purposeful or  b. With a substantial certainty (Garrett)c. Single intent: Intent to contactd. Dual intent: Intent to contact, and intent to harm or offend (both)3. Contacta. Can be direct or indirect contact. The closer the victim, the more likelythe act is to cause harm.4. Harm or offense (Snyder)B. Offensive contact occurrs when the contact offends a reasonable sense of personaldignity (Cohen)C. Transferred Intent1. Attempted tort against one victim, and harmed another (McBride)2. Attempted tort against a victim, and caused a different tortD. Liable for all harm that results (eggshell victim)E. Exception: Children cannot form an intent under a certain age, but children can befound liable if they appreciated that what they were doing would cause harm, or was substantially certain it would cause harm (Garrett)F. Insanity1. Rational choices are not required2. Can make a crazy choice to batter (Polmatier)3. Assuming dual intent, the actor has to appreciate that her actions will causeharm (White) II.
Assault
A. Elements of Assault1. Acta. Mere words may not be enough, probably need further action(Cullison)2. Intenta. Purposeful or  b. With substantial certainty3. Causea. Fear or apprehension in the mind of another  b. of an imminent harmful or offensive contactB. If a battery occurs and the plaintiff did not have time to fear, then no assault(Kaufman)III.
False Imprisonment 
A. Elements1. Intent to confinea. purposeful or  b. substantial certainty
 
2. Actual confinementa. Physical confinement or  b. A false assertion of legal authority that confines someone (McCann)3. Within a restricted area fixed by the actor 4. Confined persona. has knowledge or the confinement, or  b. Is harmed by the confinementB. Intent can be transferredC. If the person has a reasonable means of escape, they must utilize it.IV.
Trespass to Land
A. Elements1. Intent to enter land (as opposed to intent to trespass)a. Purpose or  b. substantial certainty2. Entry onto the land3. Without permissionB. Extended liability: The defendant is liable even if no actual harm was done.C. Limiting extended liability: Trespassing journalists are not liable for truth theyobtain while trespassing.D. A possessor who is not an owner has a right to sue for trespassE. No liability for someone who entered the land not by choice, such as an emergencylanding of a hang glider.V.
Conversion 
A. Elements1. Intent to take possession of itema. purpose or  b. substantial certainty2. Exercise substantial dominion over the item. Shown by:a. Extent and duration of the control b. Defendants intent to assert a right to propertyc. The harm doned. Expense or inconvenience caused3. Deprivation of the item resultsB. No requirement that the actor is conscious of his wrongdoing (Kelley)C. Serial conversions: Plaintiff can only recover once if he sues both the theif and the buyer.D. Bona fide purchasers: The buyer is not liable unless he knew of the conversion fromthe original owner.E. UCC: A merchant who is entrusted with the item, has rights over the item.F. If the possessor takes the item in good faith, then no liability.VI.
Trespass to Chattels 
A. Elements1. Intent to take possession of item of another 
 
a. purpose or  b. substantial certainty2. Temporary possession of the item or 3. Item is interfered with4. Without permanent depriation or destructionB. Liability is imposed only if the owner suffers harm due to1. Lost use or 2. item is harmedC. If the possessor takes the item in good faith, then no liability.VII.
Intentional Infliction of Emotional Distress
A. Elements1. Intenta. Purpose or  b. Substantial certainty or c. Recklessness2. To act extreme and outrageousa. Mere insults are likely not enoughi. Unless they are within the context of an employer-employeerelationship (Taylor) or ii. It is an insult that society would deem extreme and outrageous(Taylor) b. Carried out over time (GTE Southwest) or c. Fiduciary duty between parties (Winkler)3. Causes emotional distress4. That distress is severeB. Presence: The plaintiff must have been present to recover if a family member (Homer), or present + bodily harmed if not a family member 1. Exception: Some circumstances do not require presence because theseverity of the distress is not disputeda. A mother whose child is sexually abused b. Direct family members of a hostage (Bettis)C. Restatement1. Conduct was extreme and outrageous2. intended to cause distress or reckless in risking that distress3. actually cause severe distressVIII.
Civil Rights Violations
A. Elements1. Deprive another (Intent not necessary)a. of a constitutional right2. Under color of state lawB. Must show that the constitutional right was violated in order to have a claim.1. 4
th
amendment: Unreasonable search and seizure (Brown and Graham)2. 14
th
amendment: Must “shock the conscience” (Lewis and Alexander)3. 8
th
amendment: Must actually be cruel and unusual punishment

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