Torts
September 24, 2005
I. Intentionally Inflicted Harms: The Prima Facie Case and Defenses
a. Definition of a Prima Facie Case: In order to recover in the tort, the P must establish the essential elements of the tort.
b. Battery: non consensual touching, in order to for there to be a battery there must be intent, an act by the D, and a rude or offensive touching of the P. Not recover you must prove unlawful intent or unlawful acts.
c. Physical Harms
i. Trespass to Person, Land, and Chattel
1. Vosburg v. Putney- Kicking Kids
a. While at school, D kicked P in the leg and as a result, P later lost use of that leg. P had earlier injured the leg, but D kick was the exciting cause of P’s injury. Jury found for P, although he did not intent to hurt, he intended to perform the unlawful act of kicking.
b. Holding for P
c. P had the unlawful intention to kick D. He is liable for all injuries resulting directly from the unlawful act whether of not they were foreseen by him. If the kick had taken place on the playground, there may have been a different consequence.
d. In an action to recover damages for an alleged assault and battery, the victim must only show either that the elleged wrongdoer had an unlawful intention to produce harm or that he committed an unlawful act.
2. Dougerty v. Stepp – Servayor
a. D entered the enclosed property of P without permission. D claimed it to be his own and caused no damage to the land. Jury found for D, and appeals
b. Judgment for P
c. An action for trespass is actionable even if no damages occurred. This done for social policy to insure a safe guard against a repeated trespassor. He liable regardless of his intent or negligence
d. Every unprivileged entry onto the land of another is a trespass regardless of the amount of
operation on P w/out advising him of the risks associated with the surgery
b. Held for P
c. A doctor has the duty to disclose substantial risks associated with the operation if it reasonable expected that such information is relevant. Exceptions are if the patient is unconious in an emergency. Liability cannot be found for nondisclosure unless it was the proximate cause of the injury.
d. A physician owes a duty to reasonably disclose all information concerning an operation to a patient which a reasonable physician in the community would disclose based on sound medical considerations.
3. Hudson v Craft – Promo Fighter
P was injured in an unlicensed boxing match for which he promised $5, but his complaint for
