Torts Outline

TORTS OUTLINE
Professor Goldfarb Fall 2010

· 1. Intentional Injury, Failure to Exercise Care, and Strict Liability; Basic Intentional Torts
o TORT
§ “A private civil wrong or injury for which a court will provide a remedy in the form of an action for damages.” [Black’s Law Dictionary] § Remedies
· Damages (monetary)
· Injunctions
· Restitution
· Self-help
§ POLICY CONSIDERATIONS p. 7-9 in txt
· Liability should be based on fault
· Liability should be proportional to fault
· Liability should be used to deter accidents
· Cost Spreading- spreading costs across a large spectrum
· Cost Shifting- those most able to bear losses should pay them
· Those who benefit from dangerous activities should bear resulting losses
· Predictability
· Facilitate Economic growth
· Administrative convenience
· Discourage waste of resources
· Deference to Co-equal branches of government
· Full compensation for accident victims
§ Minors and Torts
· A minor is as liable for a tort as any other person would be- common law rule [Garrat v. Dailey child moves chair from arthritic woman] · Immaturity of a child is taken into account in determining whether a tort has been committed
o Child may be too young to form the required intent
· Parents can be liable for minor’s torts if state statute allows for it. Without a statute, common law dictates minor is liable and not parents. txt p. 52-53
§ Continuing Torts
· Where a tort involves a continuing or repeated injury, statute of limitations does not begin to run until the date of the last injury or date the tortious acts cease [Feltmeier] o According to Discovery rule statute of limitations begins to run when P knows or reasonably should know that an injury exists and that it was wrongfully caused
Basic Intentional Tortschapter 2
Intentional Injury
· Intent—Deliberate and purposeful state of mind or knowledge with substantial certainty that consequences would result from the act.
o *Purpose Intent: Defendant’s subjective wishes affect it, exists when D acts with purpose of causing the consequences the law forbids
o *Knowledge Intent:exists if the D, regardless of subjective purposes, knows with substantial certainty that the act in question will cause the prohibited result. Absolute certainty not required.
§ requires knowledge of more than a possibility of the consequence resulting.
o Intent and Mistake: There is liability for an unavoidable mistake, not protected for a good faith mistake [Ranson v. Kitner shooting of dog that looked like wolf] § Except if mistake induced by Plaintiff (if dog intentionally dressed as wolf] § Contributory negligence not a defense to an intentional tort
o Intent and Insanity: Mentally ill person committing an intentional tort is liable if- (1) can form intent and (2) did in fact have the requisite intent [McGuire p. 47] o Intent and Intoxication: Intent exists if drunk on purpose, if drink spiked lack of intent due to involuntary intoxication can be a defense
o Transferred Intent:Applies if actor commits at intentional tort against a different person than he intended, or if the actor commits a different intentional tort. “intention follows the bullet”(p. 51 in txt)
§ Only applicable to Assault, Battery, False Imprisonment, Trespass to land, Trespass to Chattels, Intentional Infliction of Emotional Distress
§ Requires no proof of actual damages
Intentional Torts
Battery
· An intentional and unconsented infliction of a harmful or offensive bodily contact upon another. (No actual injury required)
o Regardless of intent to harm, only need intent to commit the act [Vosburg v. Putney] o Respondeat Superior: Employer responsible for employee acting within scope of employment [Lambertson v. US] o “Eggshell Skull Principle”: Once a P suffers any foreseeable physical injury, the D is liable for the full extent of harm to P, even if harm is compounded by P’s unique susceptibility