Select Page

John Marshall Law School, Chicago
Bernabe, Alberto

Professor Alberto Bernabe
Fall 2017
All torts infer a right
eg Battery = right to decide who touches you.
Torts provide a legal cause of action providing injured individuals and entities recovery from wrongs committed against them resulting in injury to their person or property.
 A civil wrong, other than a contract, for which the law recognizes a remedy, for the right to seek or recover for damages.
Responsibility for the consequences of the wrong.
What we rely on to fix a wrong.
–     right to recovery under the law.”
Damages are expression of the value of the injury       
Damages are not remedies!
II. Damages
Special v. General
Small sum of money, to vindicate rights, damages for being able to prove your claim. Make an example of the defendant.
– To bring plaintiff back to the point that they were at before the injury. Make defendant compensate plaintiff. Make whole again.
Additional sum over and above other damages. Deter others, punish and make an example out of D.
S: lost earnings and medical and other expenses
G: pain and suffering and emotional distress- non-economic
Damage To Property
1.     tied with value of prop
2.     If completely destroyed- measure of damages is its entire value at the time and place of the tort
3.     If damaged- the damages are measured by the difference in value before and after the injury
4.     If deprivation of use- damages consist of the value of the use
5.     Value- necessary to determine financial equivalent of property
6.     Market value- what the property in question could probably have been sold for on the open market of a voluntary sale by a leisurely seller
7.     Determined also on the time of the wrong:
a.     Increases in value are taken into account when dealing with stocks, bonds, and commodities
b.     Rule of highest intermediate value some courts say at the highest value during the time of wrong to trial
Transferred Intent
TI Applies to:
where the D has intended to harm A but harmed B, the harm to B was intentional
Don’t use transfer as verb here
5 intentional torts: battery, assault, false imprisonment, trespass to chattel, trespass to land
Theories of Liability all Tort law is based on:
liability in every instance
–  Purpose to  harm
-knowledge and substin. Certainty of x
kids can be liable
Legal Duty  Breach
Legal cause
Prox cause
1.Liability w/out fault – do not have to evaluate conduct
2. Only have to prove causation
Liability that a supervisory party from conduct of another party caused by the conduct of another
Joint enterprise
Intent / Harmful / Offensive
unconsented harmful or offensive contact with the person
harmful/ offensive
consciousness not required.
Doesn’t matter if it

d intentionally /recklessly
2. conduct was extreme & outrageous
3. D’s actions caused P emotional distress.
4. P’s emotional distress was severe
behavior beyond all possible bounds of decency
regarded as atrocious, & utterly intolerable in a civilized community
when a reasonable person subjected to the same E and O conduct would suffer severe emotional distress, unless D knew of P’s particular sensitivity.
Only kind of tort where severity of injury is considered in the right to recover.
Established by proving the D knew the risk of causing severe emotional disturbance and was indifferent to the risk.
*Courts generally ignore this element because they don’t know what it means.
False Imprisonment
Enright v Groves
when one is taken into custody by a person who claims but does not have proper legal authority
A person who has been arrested without probable cause has been falsely arrested
 P violated the city’s “dog leash” ordinance. Officer D found the dog’s owner and demanded her driver’s license, and he threatened imprisonment.
defendant was not authorized to use force in arresting plaintiff
there was no justification for the arrest she was arrested because she angered the police officer- this is NOT legally justified