TORTS
Tort: a tort is civil wrong other than a breach of contract for which the law provides a remedy.
· Imposes duties on a person to act in a manner that will not injure other persons
· In a civil wrong the aggrieved party is some entity that has legal recognition (person, corporations, etc.)
· Developed by the courts through the opinions of judges
· Remedy: damages or restitution, wrongdoer provides redress for cause of action
Development of Liability is Based on Fault
1. Intent
2. Negligent (Unreasonable Behavior) (Reasonable behavior)
3. Strict Liability
Weaver v. Ward: (Soldiers of same army, accidental shooting of P). A D might not be liable for a purely accidental injury occurring entirely without his fault.
Brown v. Kendall: (While separating fighting dogs, injured P). If a D acted unreasonably then liable.
Cohen v. Petty: (D got sick in car and crashed). A D is not negligent for injuries caused by a non-volitional illness not previously known. ∏ has burden of proof (duty to prove Δ is liable).
Spano v. Perini Corp.: (Blasting). Engaging in a hazardous activity results in absolute liability for damages caused by the activity.
Intentional Torts
Manifestations of Intent
1. Desire, Motivation, or Objective
OR
2. Knowledge with Substantial Certainty
Note: Before there is any intentional tort there must be intent. Something must happen in regard to the actor in their mental processes that lead to the intentional tort
· Shrink someone and put in the mind of the actor to look for motivation, objective, desire and/or knowledge of substantial certainty
Garratt v. Daily: (5 year old pulling chair from underneath the P, held liable for injuries caused). Manifestations of intent = motivation, desire, objective to cause harm and/or knowledge w/ substantial certainty that action would occur.
· Manifestation of intent is difficult to determine in a child. The child must have cognitive ability to know that his actions would cause harm or has the motivation to cause harm.
Spivey v. Battaglia: (Bad hug was not battery but could be negligence) D did not act with the requisite intent because he could not have “K w/ S C” that hug would cause paralysis.
Ranson v. Kitner: (Appellant shot dog by mistake while hunting). Generally a mistake as to the identity does not negate intent. There is still motivation, desire and objective to kill a thing and knowledge or substantial certainty that pulling the trigger would cause harm to the thing.
McGuire v. Almy: (Insane person struck P and causes injury). Even when there is no cognitive ability public policy is inclined to find an insane person liable for damages.
An insane person must be capable of entertaining the intent and must have entertained it in fact.
Note: Voluntary intoxication does not negate intent. Inclined to impose liability even if the D does not manifest requisite intent.
Talmage v. Smith: (D threw stick intended for one boy but hit another boy instead).
Transferred intent: The motivation and knowledge
. “I’ll get u later”)
-∏ must be aware (not unconscious)
Western Union Telegraph Co. v. Hill: (If Hill would come and allow D to love and pet her, he would fix her clock).
Solicitation by a man to a woman for intercourse unaccompanied by an assault is not actionable. Insulting words used when not accompanied by an assault are not the subject of an action for damages
-There Must be a present apparent ability the battery will occur (Standing in same room, not separated by jail)
False Imprisonment
Elements of False Imprisonment
1. Intent to confine ∏, AND
2. Actual confinement of ∏ against their will, AND
3. ∏ was aware of confinement; OR was harmed as a result
-Without adequate legal justification
-Court looks to reasonableness (reasonable time of FI, reas. belief of confinement)
-No reasonable means of escape.
a. If not known or apparent to ∏, or
b. If it is dangerous
-Ways is which one can be confined:
i. Physical Barrier (Whittaker – Yacht)
ii. False assertion of legal authority (Enright – dog leash)
iii. Threat of physical force (Rubbish v. Siliznoff – threat to stay and sign)
iv. Physical force (Big Town – ∏ imprisoned in nursing home)
