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:
(1) To resolve arguments between people that otherwise might have resulted in violence
(2) To deter wrongful conduct
(3) To encourage socially responsible behavior
(4) To restore injured parties to their original condition as far as is legally possible
3 CLASSES OF TORT LIABILITY:
(1) Liability based on D’s intent
(2) Liability based on the negligence of the D
(3) 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 a result.
ESTABLISHING INTENT
GARRAT v. DAILEY.
Little boy moved a chair.
Rol: The test for intent is substantial certainty of result produced by act.
SPIVEY v. BATTAGLIA
D hugged a coworker as a tease and coworker ends up being paralyzed on the left side of her face and mouth.
Rol: 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.
Ranson v. Ki
an insane adult enters the insane person’s room while person is in a rage and destroying the room.
Insanity does not preclude intent
SOCIAL POLICY:
Someone should be liable for the damage to the caregiver. Since the insane person can afford care then we hold them liable to ensure that the guardians of such people will take extra care to ensure that they are controlled and do not cause harm.
EXTENDED LIABILITY OR TRANSFERRED INTENT
Talmage v. Smith
Threw a stick at one of them and hit another one of them causing injuries
Intent is transferrable for BATFIT (the 5 torts)
NOTE:
In the case of mistake the D actually caused harm to the animal he was aiming at or intended to hit but it was a mistake of identity. In transferred intent the D did not cause the harm where he intended to but at some place else or to someone else.
INTENTIONAL TORTS
SEVEN
(1) Battery
(2) Assault
(3) False Imprisonment
(4) Intentional infliction of emotional distress
(5) Trespass to land
(6) Trespass to chattels
(7) Conversion
BATTERY
The intentional infliction of harmful or offensive contact upon another.
(1) Act – volitional act by D
(2) Intent to cause apprehension or harmful/offensive contact
Harmful or offensive contact occurred
