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Temple University School of Law
Malason, Diane

1) Intentionally Inflicted Harm: The Prima Facie Case and Defenses

a) Physical Harms

i) Trespass to person, land, and chattels
●Vosburg v. Putney (1891) – during school d kicks P and causes permanent damage, wrong doer liable for all injuries resulting from the wrongful act, whether or not they were foreseeable by him
●Dougherty v. Stepp (1835) – D went onto P land thinking it was his, It is an elementary principle, that every unauthorized and, therefore unlawful entry, into the close of another, is a trespass, can get damages even if just for “trampling grass”
●Intel Corp. v. Hamidi (2003) – D, employee of Intel sent mass emails complaining about Intel to 35,000 coworkers. No actionable trespass. Actually injury must have occurred in order for it to be actionable and it did not.

ii) Defenses to Intentional Torts
●Consensual Defenses – Mohr v. Williams (1905) ENT operates on the opposite ear, not ok, P did not consent
Hudson v. Craft (1949) – even though minor consented to boxing, the boxing match was illegal and the carnival organizer responsible, larger social purpose being served.
● Hackbart v. Cincinnati Bengals (1979) – in an foot ball game, Defendant liable for intentionally hurting someone in violation of the rules of the game. Flagrant violations unrelated to the normal method of playing the game and done without any competitive purpose will be compensated.
●Insanity – Not a defense for intentional torts – McGuire v. Almy (1937) insane person is liable for hitting his private nurse with the leg of a chair
●Self defense – Courvoisier v. Raymond (1896) – shooting of innocent police officer while riot was going on – if you reasonably believe are being threatened you have an absolute privilege of self defense
●Defense of PropertyBird v. Holbrook (1825) – spring gun case, not allowed to do something indirectly that you would not be allowed to do directly, life more important that property
●Recapture of Chattels Kirby v. Foster (1891) If someone wrongfully takes your property, you can forcefully get it back, but you must do it right away, “hot pursuit” Respect to chattel – must resort to halls of justice, if you willing give the person money (mistakenly) and he refuses to

quets discharged and hurt the other man, soldier not responsible. “Inevitable accident.”
● Inevitable accidents – if D is carried onto the land by force he is not responsible (Smith v. Stone 1647), however, if he is scared and goes onto P’s land he is liable (Gilbert v. Stone 1647). Modern courts do not go for this defense.

d) The Forms of Action
i) The Significance of the Forms – cause of action has to fall within the “writ”
P had to choose the right form

ii) Trespass and Case
●Scott v. Shepherd (1773) – throws a lighted squib (fire cracker) into a crowded market – D was responsible even though after his first throw other people threw it away from them. Unlawful and thus responsible for consequences. How many throws is D responsible for?

The Breakdown of the Forms – too complicated had to choose the right writ, it might not be clear till trial which one it was.