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Torts Notes

Torts Notes

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Published by Finally Home Rescue

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Published by: Finally Home Rescue on Jan 02, 2012
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02/06/2013

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`TortsI.T. R W&W GN N S.L|--------------------------------------------------------------|--------------------------------------------|Intentional unreasonableHigh fault less fault no faultAbnormally dangerous animalActivityProducts LiabilityPunitive dmg ± for Gross Negligence and up.
INTENTIONAL TORT
 a)
 
Act, Intent, Causation, Injury b)
 
If one of them is not met, D can get the case dismissed.c)
 
P has burden of preponderance of evidence throughout trial
Procedural
 
Complaint: motion to dismissDiscovery: motion for summary judgmentTrial: Motion for directed verdictAfter trial: Motion for JNOV
P
ART 2: FAULT-BASED LIABILITY FOR 
PH
YSICAL
H
ARMS
§
1. BATTERY
 
A person is subject to liability for battery when he
acts
in
te
n
d
ing
to
 
cause
 
a
h
armful
 
or
 
offe
n
s
iv
e
 
co
n
tact
in
t
h
e
 
t
i
me
 
a
n
d
p
lace
 
the contact occurs, and when such contact
results
.
 
O
ffe
n
s
iv
e
 
co
n
tact
 
occurs when a contact offends a reasonable sense of personaldignity.
 
RS(13): an actor commits battery if (a) he acts intending to cause a harmful or 
 
offensive contact with the other or a third person, or an imminent apprehension of such a contact, and (b) a harmful or offensive contact with the person of the other directly or indirectly results.´
D
ama
g
es
 
 
Punitive, compensatory, and emotional distress damages.
2. INTENT
 
Pur
p
ose
 
or
S
ubsta
n
t
i
al
C
erta
in
ty
.
The intent for the commission of a battery is present when the person acts, with
p
ur
p
ose
, or 
n
ow
ing
w
i
t
h
substa
n
t
i
al
 
certa
in
ty
, that the harmful contact (at thetime and place) will occur.
B. N
e
g
l
ig
e
n
ce
 
 Negligence is conduct that creates an unreasonable risk of harm.
C.
eckless,
 
w
i
llful
 
a
n
d
 
wa
n
to
n
co
n
duct
 
 
 
W
i
lful
 
or
 
wa
n
to
n
co
n
duct
is a course of action which shows actual or deliberate intentto harm or which, if the course of action is not intentional, shows an utter indifference to others. (Hybrid btw N and IT.)2. Reckless act occurs when a person¶s conduct creates a known risk that can bereduced by relatively modest precautions.
D.
 
M
e
n
tal
 
co
n
d
i
t
i
o
n
s
 
does
t
 
excuse
in
te
n
t
 
Dual intent: 1) intent to act; 2) intent to injure (offensive contact)
E. T
ra
n
sferred
in
te
n
t
:if a person intended to inflict serious bodily injury while trying to hit another person, but missed and accidentally hit someone else instead, such intent is transferred tothe actual victim.
F
.
E
xte
n
ded
 
l
i
ab
i
l
i
ty
 D who commits intentional tort is liable for all damages caused, not merely thoseintended or foreseeable.
G
. Vi
car
i
ous
 
l
i
ab
i
l
i
ty
 
for
 
c
hi
ldre
n
-- Parents generally not responsible for tort committed by children.-- Exception: occurs when parent knew child¶s dangerousness and didn¶t stop him.
§
2. ASSAULTD
ef 
ini
t
i
o
n
Act intending to cause a harmful or offensive contact with the other person or an
imminent 
apprehension of such contact. The apprehension must be one that wouldnormally be aroused in the mind of a reasonable person. The tort is complete with theinvasion of the plaintiff¶s mental peace.A.
 
Some words negate intent.e.g. ³If the police wasn¶t here, I¶d punch your nose´ negatives intent.B.
 
Offering a choice of tortious alternative is still an assault.
§ 3. FALSE IM
P
RISONMENT (AICI)
a
.
 
D
ef 
ini
t
i
o
n
Act intending to confine, and confining another within boundaries fixed by the actor and the victim was either conscious of the confinement or harmed by it. b.
 
The threat of physical force, or a claim of lawful authority to restrain, is sufficient toshow confinement in an action for false imprisonment.
§ 4. TORTS TO
P
RO
P
ERTYA. TRESS
P
ASS TO LANDD
ef 
ini
t
i
o
n
 
Intentional entry upon land of another, either by personal entry or intentionallycausing an object to enter the land.
 
3~4 Part test:
 
act,
 
causat
i
o
n
,
inj
ury
+ in
te
n
t
 
 
Intent need not be to trespass. Mere intention to enter land is enough.
 
 Nuisance: an interference with his use and enjoyment of property. Not TP.
 
 
Extended liability: liable for damages inflicted even if he never intended harm andcould not foresee.
 
Cat hypothetical. Throws rock to cat, breaks neighbor¶s window. Liability dependson the intent to enter.
B. CONVERSION OF C
H
ATTEL (Th
eft/
T
ro
v
er
) ITD
ef 
ini
t
i
o
n
 
Exercise of substantial dominion over another¶s property.
 
 
In
te
n
t
 
need not be that defendant be conscious of wrongdoing.
 
Difficult issue is what constitutes substantial dominion.
 
F
actors: (a) extent and duration of control;(b) defendant¶s intent to assert a right to the property(c) defendant¶s good faith(d) the harm done(e) expense or inconvenience caused.
C. TRESS
P
ASS TO C
H
ATTEL
 
Less than conversion, but still substantial.
 
 
Liable only if there results in harm to the owner¶s materially valuable interest in the physical condition, quality, or value of the chattel, or if the owner is deprived of theuse of the chattel for a substantial time.
 
4 Part test: act, causation, injury, intent.
 
Intention: must act with the intention of interfering with the property or withknowledge that such interference is substantially certain to result.
D. Di
sc
ip
l
in
e
 
 
Parents, teachers, school bus drivers enjoy a privilege to discipline, and to use forceand confinement to do so.
C
H
A
P
TER 4 DEFENSE TO INTENTIONAL TORT -
P
RIVILE
G
ES
§
1.
P
ROTECTIN
G
A
G
AINST T
H
E A
PP
ARENT MISCONDUCT OF
P
LAINTIFFA. SELF-DEFENSE
 
D is privileged to use reasonable force to defend against threat of imminent assault, battery or confinement.
 
 
Self Defense is effective based on objective appearance = Not required that P hadintention.
 
Test: 1) Reasonable person in his position would have perceived a threat thatrequired reasonable defense.
 
2) Response was reasonable and not excessive.e.g. Deadly
F
orce justifiable to prevent death or SBH.e.g. age, size, strength are relevant to reasonableness of defense.
B. ARREST AND DETENTION
 
A merchant who has reasonable cause for believing that merchandise has been takenmay detain a person for a reasonable time to deliver him to a peace officer.
 
 
RS: one who reasonably believes that shoplifting has occurred may detain thesuspected individual for a time necessary for a reasonable investigation of the facts.
 
 
Detain includes pursuit, by public policy.
 C. DEFENSE AND RE
P
OSSESION OF
P
RO
P
ERTY

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