Torts Outline- Professor Anderson
Tort is wrong done to another with the right to sue.
1) Wrongful Conduct not necessary (unlike criminal)
2) Rarely do preexisting relationship exist (unlike Contracts)
Reasons for Torts
1) Compensation for victim- (make P whole; return to preexisting condition)
I. Intentional Torts
a. Why have them when most would actually fall under negligence (a reasonable person would not punch someone). MORE SYMPATHY FOR Plaintiff.
i. If you are guilty of an intentional tort it is an easier case
1. E.g. (pg 885) Children cannot be negligent but they are held to an adult standard for intentional torts
a. HOWEVER, parents not responsible for their kids conduct, unless it is shown that parent knew that their kid was a menace with a track record! With insurance, they often have exclusions for intentional torts.
ii. Awards are not reduced by contributive bad conduct
iii. Punitive damages: Need REPREHENSIBILITY and MALICE for punative damages
1. i. e.g. Spitting and angrily pointing does not rise to punative damages level (pg 891)
iv. Liberalized causation requirements: have to be the but for cause and proximate cause is more broad so you are more liable for things that happen down the road.
v. Some intentional torts have no negligence equivalent
a. Assault: reasonable person would feel that they were in imminent harm of bodily danger (have to be aware of it)
2. False imprisonment
3. Emotional distress outside of zone of danger
a. DON’T HAVE ANY LIMITS (no need for zone of danger). It is enough for other person to have forced you to experience this distress
b. Rude behavior not offensive enough to constitute battery
i. e.g if you launch into tirade and disparage them (ethnicity and call them names) and send offensive letters, etc. there is potentia
alent to kidnapping. Restraint on person’s freedom of movement.
a. e.g. Woman accused of stealing donuts. In the process of questioning, they closed her in the room. If you are shoplifting, they can retain you. But they act at their own peril. If you aren’t shoplifting, they are guilty of false imprisonment. Question of whether they detained her. The door was closed but unlocked and she could go at any time. Also, they didn’t RESTRAIN her or threaten to fire her if she left, etc.
UNINTENTIONAL TORTS- (not on purpose)
a. Duty- (to not cause harm) Temple owe students duty not to be mugged?
b. Breach (was conduct Negligent?)
i. Reckless- Very careless and exposes to risk of harm (e.g. DWI)
ii. Gross negl.-Careless and exposes others to harm (but not reckless)
Negligence-failure to use reasonable care, ordinary wrongness