I. Introduction to Torts
A. Tort
Latin word meaning “twisted”
B. Purpose of Tort Law
1. Corrective Justice
A person who did harm should be held accountable.
2. Social Utility
We want to provide a set of rules for conduct that benefits society
3. Torts as a social mirror
They reflect what we are willing to accept and not accept as a society
II. Intentional Torts
A. Intent
1. Π must show that Δ acted with intent by showing that he intended to act:
a. With purpose to bring about the consequences, OR
b. Δ Knew with SUBSTANTIAL CERTAINTY that consequences would result.
2. Intent transfers when:
a. Δ intends a tort on one person, but commits it on another.
Example: I try to shoot you, but I miss and shoot John.
b. Δ intends one tort, but accomplishes another.
Example: I try to scare you, but hit you accidentally. This would be battery, although I tried to assault you.
c. Applies only to:
i. Battery
ii. Assault
iii. False imprisonment
iv. Trespass to land
v. Trespass to chattels
3. Special Cases of Intent
a. Intent of a Child
Fault must be pleaded in childish acts by children.
a. Some states say that anyone below 4 years of age is irrebutably incapable of harmful intent.
b. Parental Liability
Parents may only be held liable if a statute provides, subject to two limitations:
1. Child’s conduct must be willful or wanton (purposely, knowingly or recklessly)
2. Damages will usually be capped.
b. Mentally Insane
However irrational an intention is to harm another, intent is intent nonetheless.
Justification:
1. We don’t want people to feign insanity.
2. We want to have caretakers watch the insane.
Example:
I tell court that I killed John because I wanted to stop you from taking over the world. I intended to kill you, but it was irrational. I am liable, nonetheless.
B. Recoverable Damages
1. “Parasitic
t:
a. Doctor pulls nurse down to surgery site.
b. Doctor touches naked woman who asked not to be touched by a man for religious beliefs.
b. “Indirect” Contact
i. Contact need not be direct
ii. Example: Boy pulls chair from underneath a woman and she hits ground
c. “On Another”
i. Not limited to the mere touching of another person. May also include touching things touching another person
ii. “Intimate” to another person
d. “Intent”
i. Singular Intent (not widely accepted)
Intention to cause contact
ii. Dual Intent (widely accepted)
a. Intention to cause contact
b. Intention for contact to be harmful or offensive
c. Example: Person with Alzheimer’s may be held liable, but must intend for contact to be harmful or offensive.
