Torts I Outline
-Torts deal with civil wrongs
-Damages are awarded as a way to make the plaintiff whole again
Intentional Torts and Defenses
I. Battery
(1) Intent to bring about unauthorized bodily contact
(2) Harmful or offensive bodily contact results
*Garrat v. Dailey established that intent can be satisfied not only by desire or purpose to cause an invasive result, but also substantial certainty that an invasive result with occur
*If I am throwing stones at bottles but I hit a person instead it is NOT battery (only negligence) because I did not have tortuous intent (throwing things at bottles is not a tort). HOWEVER if, there is substantial certainty that an invasive result will occur (like firing a gun at an object with eyes closed in a concrete room with 70 people)
* Ill intent is not necessary (Mohr v. Williams – ear operation). If outcome is beneficial, it may only lead to fewer damages
*Transferred intent is satisfactory (Talmage v. Smith – boys on shed)
*If there is unauthorized harmful or offensive contact with something intimately associated with the plaintiff, it is battery (Fisher v. Carrousel – grabbed plate)
*Defendant is liable for Extended Consequences, even if the result is worse than expected – Eggshell Skull Rule. Take victim as you find him (Wallace v. Rosen – the fact that her foot was broken before incident has no bearing on the outcome)
A. Defenses to Battery
1. Consent
-Can be implied because of relationship or previous conduct
-Fraud can vitiate (=invalidate) consent, only if it is essential to the character of the act
2. Self Defense
(a) Reasonable ground for believing an immediate attack would occur and
(b) Reasonable force used under the circumstances
-Retaliation and provocation are NOT covered because there must be a real threat
*Reasonable mistakes are covered
*Transferred intent is covered (if a 3rd party is unintentionally injured, it is covered under self defense
3. Defense of Others
-A person can defend another in any way they would defend himself
*Reasonable mistakes are covered
4. Defense of Property
-Reasonable force is covered
*Person must be on the property. Using mechanical devices is not covered
(Katko v. Briney)
*Deadly force is not covered, unless defendant was in the commission of a felony
5. Recapture of Property
(a) Reasonable force to recover chattel
(b) Action is prompt (must be in hot pursuit) and
(c) Action is taken against the original dispossessor (not someone who the chattel was given to, unless they are an accomplice or co-conspirator)
*Mistakes ARE NOT covered
II. Assault
(1) Intent to bring about an apprehensi
takes
IV. Intentional Infliction of Emotional Distress
(1) Intent to cause severe or extreme emotional distress OR recklessness (a deliberate disregard)
(2) By extreme and outrageous conduct (= exceeding the bounds of common decency)
(3) A causal relationship
(4) Resulting severe emotional distress
-Severe Emotional Distress is defined differently in different jurisdictions; some require physical manifestations like sleeplessness or hair falling out
*Outrageous would be: (ALWAYS) mishandling of the deceased, repeated misconduct rising to the level of harassment, interference with family relationships, abusive power over a vulnerable plaintiff (teacher/student, boss/employee)
*Spouses cannot be sued for IIED
*Utilities (LIPA, AT&T, ConEd), Common Carriers (public transportation-MTA, Delta), and Inn Keepers (someone selling a room for the night) are held to a slightly higher standard. I.E. mere insults said by these parties may be IIED, but not when said by ordinary persons
**However, NOT in NY**
**In NY, almost nothing is considered outrageous
