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.
Example of Both: Case where defendant intends to scare individuals in car by shooting a gun, but injuries neighbor (3rd party) in the process
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 (difficult to do!).
a. Some states say that anyone below 4 years of age is 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 fake insanity.
2. We want to have caretakers watch over the insane.
Example:
Insane defendant’s prior statements showed that he wanted to kill his dad, even if it was an irrational choice, he made the choice
B. Recoverable Damages
1. “Parasitic” Emotional Distress Damages
May be collected for specific torts:
i. Battery
ii. Assault
iii. False imprisonment
2. Extended Liability (thin skull Π)
a. The Δ who commits an intentional tort is liable for all damages caused, not merely those intended or foreseeable.
b. Example:
If I cut someone with a knife and they die because of hemophilia, I am liable even though I did not intend for them to die.
C. Battery
1. “Contact of the person”
2. Elements
a. Act with intent to cause harmful or offensive contact on another
b. Harmful or offensive contact results on another either directly or indirectly.
3. Clarifying the Elements
a. “Harmful” or “Offensive” Contact
i. A Π need not show harmful contact, but harmful OR offensive
Justification:
1. We value the ability for peo
delay
Standing 100 ft away not the same as in face
iv. Appearance of an apprehension is all that is important
Example: it does not matter if the gun was fake as long as a reasonable person would have thought it to be real.
v. “Words alone”
a. Courts have said that words alone don’t count as an assault because they usually don’t excite a reasonable apprehension…
b. However, usually other factors involved that result in the apprehension
b. Conditional Threats
i. Conditional threats are assaults if they effectively preclude you from making a choice
ii. Example: If you don’t stop talking to my daughter, I’m going to kill you
E. False Imprisonment
1. Elements:
a. Acting with intent to confine another within boundaries fixed by the actor
b. In addition, victim has knowledge of confinement or is harmed by it
2. Clarifying the Elements
a. Confinement
i. Confinement satisfied by:
a. Physical barriers or physical force
b. Threats or Demands
Employee tell a woman she will be prosecuted if she leaves
c. False Assertion of Authority
“The police are coming” (Wal-Mart)
d. Duress of goods
