I. Introduction to Torts
a. Tort – A civil wrong, other than breach of contract, for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another. [Cases: Torts 1. C.J.S. Torts §§ 2-7.] 2. (pl.) The branch of law dealing with such wrongs.
b. Categories
1) Intentional Torts – Assault, battery, False imprisonment, Trespass to land, Trespass to Chattel, and Conversion of Chattel
2) Strict Liability
3) Vicarious Liability
4) Negligence – duty, breach, causation, damages
Intentional Torts
General Rules
Children can be held liable for torts with the following exception:
babies and the very young may lack the capacity to form the requisite intent
Parental Liability
o Parents generally are not vicariously liable for the torts of their children.
o Exceptions (Florida):
n Parent entrusts child with an instrumentality which, because of the child’s lack of age, judgment, or experience, may become a source of danger to others (gun, car, slingshot)
n Employer-employee relationship
n Parent consents to, directs, or sanctions the wrongdoing (encouraging child to hit another child)
n Parent fails to exercise control over child even though parent knows or with due care should know that injury to another is possible (narrowly construed; typically requires course of conduct) (prior, similar bad conduct)
Mentally Ill
o The mentally ill generally may be held liable in tort.
o But, if a person is extremely mentally ill, he or she may not be capable of forming the requisite intent.
o The mentally ill defendant need not appreciate the significance or wrongfulness of his or her act.
n “[I]t is not necessary for a defendant’s reasons and motives for forming his intention to be rational in order for him to have the intent to invade the interests of another.”
n Act = voluntary muscular movement
II. Battery
Battery is a voluntary act intended to cause harmful or offensive contact
Elements of Prima Facie case
1) Voluntary Act – volitional act; involuntary acts (i.e. reflexes, seizures, sneezing, sleeping) are not sufficient
2) Intent – intent to make contact or intent to harm OR offend. Level of intent = Purpose or Substantial Certainty. Transferred Intent = A) actor intends a tort on one person, but commits a tort on another B) actor intends one tort but accomplishes another
i. Intent
Synder v. Turk (Dr. Grabs nurse case) He INTENDED t
ensive contact – contact which is offensive to a reasonable sense of personal dignity is offensive contact. Offensive means disagreeable or nauseating or painful because of outrage to taste and sensibilities or affronting insultingness.
i. Offensive Contact (Reasonable Person Construct)
Cohen v. Smith (Touch me not pregnant lady) pregnant lady asked Dr to not let males look at her body while delivering baby due to religious concerns. Dr agreed and male nurse did examine and touch pregnant lady. Contact was deemed offensive to person and made known to others; by touching woman anyway the contact was offensive, even if not to a reasonable person. Pregnant lady was offended
Leichtman v. WLW Jacor Comm. (Smoker Face) anti-smoking advocate gets smoke blown in face at radio station. Touching occurred because smoke is a particulate matter; intent element met because there was a desire to harm/offend and a substantial certainty that smoke blown in advocates direction would indeed cause contact
