Torts: QuickStudy Laminated Reference Guide

Table of Contents

intentional torts

negligence

duty of care

nuisance

defamation

invasion of privacy

misrepresentation

special issues

strict liability

tort reform

intentional torts

PRIMA FACIE CASE

Act

Voluntary

Non-accidental physical muscular movement

Failure to act when there is a legal duty

Intent

Deliberate and purposeful state of mind or knowledge with substantial certainty that consequences would result from act

Distinguished from negligence, which requires a foreseeable risk which a reasonable person would avoid

Knowledge with substantial certainty requires knowledge of more than a possibility of the consequence resulting

Includes transferred intent

As to the plaintiff: Person A shoots a gun at Person B, intending to harm Person B, but the bullet hits Person C instead. Person A is liable to Person C for the intentional tort of battery

As to the tort: With five torts (battery, assault, false imprisonment, trespass, and trespass to chattels), if Person A intends to commit tort with respect to Person B, but commits a different tort with respect to Person B, Person A is liable for a second tort even though intent was required to commit the first tort

Causation

Distinguished from negligence in that causation need not be specifically proven

Damages

Nominal available

Generally, greater liability is imposed for acts intending to invade another’s rights than for acts in disregard of consequences

TORTS TO PERSONS

Battery

Intent to cause harmful or offensive contact (judged by reasonable person standard unless defendant knew of plaintiff ’s idiosyncratic beliefs or sensitivities)

Physical invasion of a victim’s person, or via extended personality doctrine, something so connected to a victim’s person that it is regarded as part of the person

Harmful or offensive contact occurs

No actual injury is required—offense is sufficient

Taking indecent liberties without consent, such as a slap on the buttocks, for example, may be used as an alternative pleading in a sexual harassment case

A woman who agrees to only be seen by a female doctor or nurse, but instead is seen by a male doctor may have a case for battery if the doctor knew of her request. He would have intent (knowledge or purpose that the touching would be offensive or harmful), so when he touches her for a physical exam, that would