Torts Outline

INTRODUCTION:
A tort is a civil wrong other than a breach of contract that the law will provide a remedy for.
PURPOSES OF TORT LAW:
To resolve arguments between people that otherwise might have resulted in violence
To deter wrongful conduct
To encourage socially responsible behavior
To restore injured parties to their original condition as far as is legally possible
3 CLASSES OF TORT LIABILITY:
Liability based on D’s intent
Liability based on the negligence of the D
Liability which attaches regardless of the D’s state of mind (strict liability) e.g. of
the responsible blaster who did everything right but the house collapsed anyway.
INTENT
Objective test to determine the D’s subjective state of mind. Was the D substantially certain that his action would achieve the result.
ESTABLISHING INTENT
The test for intent is substantial certainty of result produced by act (a) of section 13 of the restatement of torts.
Point where a danger ceases to be only a foreseeable risk which a reasonable person would avoid and becomes a substantial certainty is where negligence becomes intent.
MISTAKE
Mistake as to identity of person does not negate intent; wrongful enrichment. I could take your car and say it was a mistake.
Mistake does not absolve actor of liability
INSANITY
Insanity does not negate intent in tort.
 
TRANSFERRED INTENT
Intent is transferrable for BAFTT
INTENTIONAL TORTS
BATTERY
The intentional infliction of harmful or offensive contact upon another.
Act – volitional act by D
Intent to cause apprehension or harmful/offensive contact
Harmful or offensive contact occurred
 
Black man had a plate knocked out of his hand while being insulted.
Battery extends to objects that are in intimate contact with the body.
NOTE ALSO:
Battery does not have to involve contact between 2 people (e.g. pulling a chair or shooting)
ASSAULT
Assault has occurred when D has performed an act other than the mere speaking of words, that places p in fear or apprehension of immediate harmful contact without consent or privilege. If contact did occur then it would be a battery.
Voluntary Act by D
Intent of D to cause fear or apprehension
Fear or apprehension of p because of D’s APPARENT, IMMINENT ability to carry out the act.
The presence of fear or apprehension is crucial. If D is behind p and the plaintiff doesn’t see him and he bashes the p’s head in then there was no assault
Intent to cause fear or apprehension that resulted and apparent imminent ability to cause such
Fear and apprehension caused by D’s intentional act and apparent ability to imminently touch
Words accompanied by an act can sometimes be considered assault. E.g. “I am going to kill you.” Accompanied by D reaching into his pocket for a fruit.
FALSE IMPRISONMENT
Total Obstruction and detention of the p of which he is aware, within boundaries and for any length of time with intent by the D to obstruct or detain the p or another without privilege or consent.
Voluntary Act by the D or words p feared to disregard
ILLEGAL Obstruction or detention of p of which he is AWARE
Intent
No reasonable exit (i.e. unknown to p or requires him to take unreasonable risk)
There was intent and an act on part of D, no reasonable exit, illegal obstruction or detention , p was aware.
Aware enough on the night to protest being in the car so that it was a false imprisonment
Moral obligation to stay is not sufficient you must be aware that you are confined
False imprisonment on the basis of false arrest.
False imprisonment has occurred even though there were no physical walls. The court likened the use of the boat to the providing of a key in a wall and room scenario.
INFLICTION OF MENTAL DISTRESS
Physical Injury or severe mental suffering of the plaintiff resulting from emotional disturbance, without physical impact, caused by highly aggravated words or acts of the D, with intent to cause mental anguish or the D’s substantial certainty that such will result from such words or acts and without consent or privilege.
Words