I. Overview of Torts
A 3 Types of Torts
1. Intentional Torts
2. Negligence
i. Duty
ii. Breach
iii. Causation
1. Factual
2. Proximate
iv. Damages
3. Strict Liability
i. More Pro-P (easier to prove than negligence)
4. Defenses
B 5 Torts derived from the writ of trespass (intentional torts)àgive rise to nominal damages (NOTEàcontributory negligence/comparative fault/negligence is NOT a defense to an intentional tort)
1. Battery
2. Assault
3. False Imprisonment
4. Trespass to Land
5. Trespass to Chattels
II. Intentional Torts
A The Concept of Intent
1. Intent to Injure
i. A state of mind about the consequences of an actionàvaries with the tort
1. Exampleàfalse imprisonment (intent to confine)
2. Intent and Mistake
i. Ranson v. Kitner
1. D hunting for wolves; came across P’s dog; D mistook dog for a wolf; shot dog and killed him
2. RULEàD held liable for battery even though mistakeàD intended to commit the act
ii. Example where NOT liableàshooting target and accidentally shot a bystander
1. NOT an intentional tort
2. Did NOT mean to hit the person (Kitner was intending to hit something)
3. May be liable for negligence, NOT an intentional tort
iii. TWO RULES
1. D is liable UNLESS mistake was induced by the P
2. Mistake can determine if D can assert a privilege (self-defense, recapture of chattels, etc)
3. Intent and Insanity
i. Majority ruleà insane people ARE liable for intentional torts IF they are capable of formulating the intent to do something
1. NOTEàif insane person is in such a delusional state, NO formulation of intent
2. McGuire v. Almy
a. P is the caretaker of D who is insane: P is injured by D
b. RULEàD IS liable
ii. Minority Ruleàis D
i. Employersàrespondeat superior (in the scope of employment)
ii. ParentsàNOT liable for the torts of their children (unless child is employed by them)
1. When parents may be liableàif they told child to commit act; assisted child in act; failed to control a dangerous child
iii. Aiding and abetting a tortuous activity
1. SEE Keel v. Hainline
iv. Implied agency
1. SEE Moore v. El Paso (D was working for chamber of commerce)
B Battery
1. Intent (to make contact)
i. Purpose or desire
1. RULEàintent to contact, even if the outcome was NOT foreseeable
a. Vosburg v. Putney
D kicked the P in the shin which resulted in pain; kick re-aggravated a previous condition and D lost use of limb
