Torts Outline
TORTS I OUTLINE
Professor K. Chadwick
Development of Liability Based on Fault
a. A tort is a civil wrong, other than a breach of contract, for which the law provides a legal remedy.
b. Area of law that imposes duties on persons to act in a manner that will not injure other persons
c. A person who breaches a tort duty may be liable in a lawsuit brought by a person injured by that tort
d. Initially, you had to have a writ from the King in order to have a claim in court. There were two writs – trespass and case. Trespass was actionable due to direct harm; a preview of intentional torts. Case lets you recover on something that isn’t immediate; sort of the precursor to modern negligence.
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INTENTIONAL TORTS TO PERSON AND PROPERTY
A. TORTS TO PERSON
1. Battery: defendant must act (i.e. a volitional movement) with the (1) intent/desire to cause (2) touch/contact, in a (3) harmful or offensive manner, (4) that was not consented to, and (5) plaintiff need not be aware of the touching at the time of the touching.
1. Intentional
1. : D must act with the desire to cause touching, or the belief/knowledge that the touching was substantially certain to occur (see Garratt v. Dailey, p.17-20)
1. Test: for intent is subjective not what a reasonable person would have done, but rather what the particular defendant in fact desired or believed. (Intent to intrude = intent to bring about the consequences of the act.)
1. Mistake does not negate the intent (see Ranson v. Kitner)
2. Mental disease does not negate intent, i.e. capability of entertaining the intent (see McGuire v. Almy)
3. Transferred Intent Doctrine: if D acts intending to cause B/A/FI/TL/TC/C, D will be liable even if the particular harm to P is unexpected (see Talmage v. Smith, D throws stick and hits other kid).
2. Touching
1. Touching of another person, or object universally accepted/intimately connected to the
Professor K. Chadwick
Development of Liability Based on Fault
a. A tort is a civil wrong, other than a breach of contract, for which the law provides a legal remedy.
b. Area of law that imposes duties on persons to act in a manner that will not injure other persons
c. A person who breaches a tort duty may be liable in a lawsuit brought by a person injured by that tort
d. Initially, you had to have a writ from the King in order to have a claim in court. There were two writs – trespass and case. Trespass was actionable due to direct harm; a preview of intentional torts. Case lets you recover on something that isn’t immediate; sort of the precursor to modern negligence.
______________________________________________________________________________
INTENTIONAL TORTS TO PERSON AND PROPERTY
A. TORTS TO PERSON
1. Battery: defendant must act (i.e. a volitional movement) with the (1) intent/desire to cause (2) touch/contact, in a (3) harmful or offensive manner, (4) that was not consented to, and (5) plaintiff need not be aware of the touching at the time of the touching.
1. Intentional
1. : D must act with the desire to cause touching, or the belief/knowledge that the touching was substantially certain to occur (see Garratt v. Dailey, p.17-20)
1. Test: for intent is subjective not what a reasonable person would have done, but rather what the particular defendant in fact desired or believed. (Intent to intrude = intent to bring about the consequences of the act.)
1. Mistake does not negate the intent (see Ranson v. Kitner)
2. Mental disease does not negate intent, i.e. capability of entertaining the intent (see McGuire v. Almy)
3. Transferred Intent Doctrine: if D acts intending to cause B/A/FI/TL/TC/C, D will be liable even if the particular harm to P is unexpected (see Talmage v. Smith, D throws stick and hits other kid).
2. Touching
1. Touching of another person, or object universally accepted/intimately connected to the