Torts Outline
Tort:
Intentional Torts – State of mind torts
I.
II.
a.
b.
c.
d. Intent v. Motive
1.
2.
Motive – the reason why someone does what they do
e.
Substantial certainty: if the defendant knows with a substantial certainty that a particular effect will occur as a result of an action, and he does the action anyway, the defendant is deemed to have intended that result.
f.
g.
1. NY –
4 year old limit
Children are not legally competent, but are liable for their intentional acts.Knowledge and appreciation of a risk does not equal to substantial certainty- ONLY when a reasonable person would avoid a risk and they don’t. Intent – the desire to bring about certain consequences Intent requirement is satisfied even when there is a good faith effort and even by insane persons The defendant will have a substantial certainty that the consequences will occur Either the defendant has a desire or purpose to cause the consequences of his act OR
Intent: (Garrett v. Dailey)
Doctrine of Transferred Intent
Same Tort
Different Victim
Intent to harm one person results in intent to harm any person
Different Tort
Different Person
Intent to cause one tort to one person results in intent to cause any tort to any person
Different Tort
Same Person
A different tort to the same person
III.
1.
2.
3.
4.
5.
The tortfeasor is responsible for any torts that occur as a result of his intent to cause one tort Trespass to Chattel Trespass to Land False imprisonment Assault Battery
Doctrine of Liability for Extended Consequences
IV.
a.
Self autonomy and self determination
: the power to control what happens to one’s own body Example – intent to shove someone, they fall down and die, you are responsible.
Intentional Torts
*** Always discuss battery and assault together – there will be an essay
Battery
– Intent to cause a harmful or offensive bodily contact without permission to do so, and a harmful or offensive bodily contact occurs.
b.
1.
2.
Offensive contact: physical impairment of the condition of another’s body
c.
1.
2.
3.
Other considerations – Is the conduct socially acceptable in that society? §19 ” a bodily contact is offensive if it offends a reasonable sense of personal dignity” damaging to one’s reasonable sense of dignity
d.
1.
2.
3.
Battery – no consent to the contact, injury is not required, damages are not requiredno conscious awareness – sleeping beauty hypersensitivity – aware of shyness and intent to embarrassan object is an extension of one’s self
e. What is the difference between battery and lack of informed consent?
1.
2.
– Intent to cause a reasonable apprehension of an imminent harmful or offensive bodily contact, without permission, and actual apprehension occurs. Lack of informed consent – there was consent, but was not properly informed in order to make an informed decision; need to show resulting injury
Harmful contact:pain or bodily damage
V. Assault
a.
1.
Apparent: defendant has the present ability to carry out the threatExample- little guy pulls his arm back to punch a big guy, there is not fear, but there is apprehension
b.
c.
d.
1.
2.
3.
4.
5.
– Intent to confine within fi
distress: extreme or repetitive behavior followed by medical consultationchildren and old people – actions toward them are more severe deliberate conduct harassment and humiliation causal relationship – not a preexisting problem known vulnerability and an intent to humiliate disparity and abuse of power: student-teacher, employer-employeerepetitiveness of behavior Mere insults, indignities, threats, annoyances, and petty oppressions This is the only tort that requires proof of damages The D must be aware that the family member is present NY does not recognize claim Doctrine of Transferred Intent does not apply
e.
f.
Parasitic Damages: Pain and suffering damages are not necessarily IIED, it may just be punitive damages as a result of an assault or battery Other Considerations – Recklessness – deliberate disregard of the high probability that severe emotional distress will occur
Severity – behavior that is more than a reasonable person could be asked to endure; medical testimony is needed
g.
Applies to five intentional torts Applies a subjective standard as to reasonableness and intent, look to the defendant
an unjustified, intentional, infliction of harm on another person, resulting in damages, by one or more acts that would otherwise be lawful- a wrongful act actionable under civil law.
