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

SUMMARY OUTLINE

IF IT SAYS ACCIDENTALLY, NO INTENTION, NOT AN INTENTIONAL TORT
IF IT SAYS BY MISTAKE, DOESN’T MATTER, NOT A DEFENSE, RED HERRING
READ CAREFULLY!!! ALWAYS, NEVER, RIGHT VS. PRIVILEGE

A CIVIL WRONG, OTHER THAN A BREACH OF CONTRACT, FOR WHICH THE LAW PROVIDES A REMEDY. TORTS USUALLY ARISE OUTSIDE OF ANY AGREEMENT BETWEEN PARTIES. NO CONSENT. CONCERNED WITH THE ALLOCATION OF LOSSES RESULTING FROM PEOPLE’S ACTIVITIES

Conduct Totem Pole – Intentional à Reckless à Negligent
Intentional à Negligence à Strict Liability

I. INTRODUCTORY TOPICS
A. Torts Problem Solving Formula
1) What is the Tort at issue?
2) What is the Policy/Protected Interest behind the Tort?
3) Can the Plaintiff (who has the Burden of Proof) establish the Prima Facie Case/Test/Elements of the Tort?
4) Does the Defendant have any Applicable Defenses?
B. Development of Liability Based on Fault
1) Focus of Law & Burden of Proof
2) Five Functions of Tort Law
3) Discussion of Writs
4) Three Levels of Fault
5) Early Law – Liability Without Fault
6) Modern Trend – Fault Based Liability

II. INTENTIONAL INTERFERENCE WITH PERSON OR PROPERTY
A. Intent
1) The Importance & Characteristics of Intent
2) Two Pronged Test of Intent
3) Mistake of Fact
4) Insanity & Infancy
5) Transferred Intent Doctrine
B. Battery
1) The Protected Interest
2) Prima Facie Case
C. Assault
1) The Protected Interest
2) Prima Facie Case
3) Fear v. Apprehension
4) Words Accompanied by Gesture
D. False Imprisonment
1) The Protected Interest
2) Prima Facie Case
3) The Fixed or Bounded Area
4) Reasonable Means of Escape
E. Intentional Infliction of Emotional Distress
1) The Protected Interest
2) Prima Facie Cas

tead v. Abandoned Property
E. Recovery of Property
1) The Fresh Pursuit Doctrine
2) The Shopkeeper’s Privilege
a) Reasonable Belief
b) Reasonable Time
c) Reasonable Force
F. Necessity
1) Public
2) Private
3) Personal Injury or Death
G. Authority of Law
1) Four Individuals with Authority of Law
2) Arrest (Not Tested)
H. Discipline & Justification
1) Discipline (Parent-Child)
2) Justification

IV. DAMAGES
A. Background
1) Purposes of Damages (Two)
2) Evidence of Damages
3) Standards of Proof
B. Types of Damages
1) Nominal
2) Compensatory
3) Punitive
C. Personal Injuries
1) Special Damages
2) General Damages
Income Tax Implications