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Torts
John Marshall Law School, Chicago
Hopkins, Kevin L.

I.       Intentional Torts
a.       Questions to ask when you are trying to figure out what Intentional Tort it is:
1. What is the tort/ issue, what is the policy that we have deemed as a society. What is it that the legislature finds so important of what is the protective interest of this issue/tort?
2.       Can the P establish the Prime facia case, the legal task
3.      Does the D have a defense. Does he enjoy a privilege? If he has a privilege then he probably wouldn’t be held liable
b.      Development of Liability based on fault
Intentional interference with person or property
I.        Intent- General Considerations
a.                   Intent – is one of three possible bases for imposing tort liability. There can be no “intentional tort” liability without intent.
b.         Intent can be proven in two ways: (YOU DON’T NEED BOTH)
1. By showing that the defendant acted “willfully,” or with “purpose” or “design” to cause a specific tort; or
2. By showing that the defendant acted with knowledge that such conduct (i.e. tort was substantially certain to occur.) (see Spivey v. Battaglia- discussing “knowledge” and Garrat v. Dailey).
c. Mistake of Fact- Mistake of fact will not negate or destroy intent. ( see Ranson v. Kitner). Thus, as long as the P can show that the D acted with “intent” to cause the tort, it will not matter that the D’s actions were based on a mistake of the facts.- EXCEPT FOR SELF DEFENSE
d. Insanity- Mentally ill persons can be held liable or responsible for committing an intentional tort as long as the P can prove that the D had formed the requisite intent to commit the tort. (see McGuire v. Almy)
e. Transferred Intent- In some instances, intent to commit one tort will transfer over and be available to be used in an action the D for the commission of another tort. (Question: when will intent transfer?) (See Talmage v. Smit

e initial tort has been completed.
b. Both the “initial tort” and the “resulting” (or completed tort) must fall within the five torts that fell under the writ of trespass (e.g. assault, battery, false imprisonment, trespass to land, trespass to chattels).
c. Assuming that the initial and completed torts fall within the category of torts under the jurisdiction of the writ of trespass, the law will presume that the completed tort was “intended” by the actor.
·                     See handout for Examples
 
f.                    Minors and Intentional Torts- Children can be held liable for an intentional tort. IT is based on the their age and if a reasonable child at that age would have the knowledge that their actions would result in the ladder.