Torts Outline

Katz Torts Fall 2012 Outline
Wednesday, September 12, 2012
6:32 PM
 
                       I.            Intentional Torts
 
                        I.            Battery
 
Elements
                         I.            Intent
o    3 tests
1.      Single intent (volitional act) (this is subjective)
§  Prove defendant only intended to contact them (easier for plaintiffs to prove)
2.      Middle intent (reasonable act) – (objective)
§  Makes contact and should know it would be harmful or offense
3.      Dual intent
§  Have to prove that person meant to contact and cause harm or offense
 
o    If Intent is not admitted (We Prove Intent by…)
o  Direct evidence (admitting, letters, etc.)
o  Substantial certainty
§  Should show there is no other possible result
o  Inference (take all facts into account- the result was intended)
 
o    Objective vs subjective standard
·    Willing to override objective standard when the person gives notice that it would be offensive to them
 
o    Transferred intent (this can go with the 3 tests of intent)
·    If you intend towards one and it is transferred to another person (like case with teacher getting hit while breaking up a fight)
·    If you have contact and harm meant for one person but intent was for another person it can still be applied together towards the person that was contacted.
 
·         Another kind of transferred intent
o    When you intend one tort and another tort results 
 
·         Said you can generally substitute intent for both assault and battery
 
 
o    Contact
o    Can be extension of defendant (like sitting on tree branch)
·         Person to person not required
o    Defendant could have put something into motion:
·         Smoke, convincing other to do it, object under their direct control
o    If you tell someone to do something you are both potentially liable
o    Contact with something closely assoc. with plaintiff can be contact with them
o    Act/contact is an affront to someone's dignity
 
3.      Harm/offense (resulting from contact)
o    Standard of Harm
·         External (outside factor or force)
§  Neither objective or subjective –  the court imposes the external standard
·         Physical
§  If not physical manifestation was exposure enough to demonstratively alter the plaintiff's body (like person smoking in radio interview)
§  Medically confirmed documented evidence of harm – would be good evidence that there was harm
o    Restatement 2nd (review this)
·         Alteration to extent even if alteration causes no other harm
 
o    Standard of Offense (not subjective – reasonable person would view)
·    Objective standard of reasonable person
·    2 exceptions:
1.      If defendant is aware plaintiff would be harmed or offended
2.      If there is  a legitimate belief that supports making an exception to objective standard (like woman not wanting to be touched by male during pregnancy)
·         Defendant has to be aware of special belief (like religious) that would be offensive or should have known
 
·         Intent and the history of behavior can factor into if there was offense
 
Insanity
 
·         Motivation to make contact may be delusiona