TORTS OUTLINE
Prof. Thompson
Always have liability if there is a death
Words—immanent- about to happen (3 days no immanent be able to discuss whether or not)
Summary Judgment- facts can’t be in dispute, determines lawsuit w/out jury-judgment matter of law
Levels of Tortuous Conduct
Intentional- purpose or substantial certainty- can get punitive damages
Reckless- conscious disregard to consequences but foresees (or should) & consciously takes the risk- can get punitive damages
Negligent- unreasonable risk to harm- no punitive damages available
DAMAGES
Punitive damages- purpose to punish the D, only can get from intentional & reckless torts
Trover- legal remedy, money for value of item taken.
Conversion of Chattels- using it as their own, altering it or destroying the property
2 ways conversion to Chattel damages are calculated:
1- damages- value of property/chattel
2- replevin- actually get item lost back
Bona Fida Purchases- buys in good faith
INTENTIONAL TORTS
Tort- wrongful act, must have harm result
Applicable rules
-Insane held at same standard of care as adult
-child held at level of conduct of a reasonable person of same age and experience
Rule of 7’s-children under age 7 can’t have harmful intent, 7-14 could have intent, 14 & up same as everyone else) (minority rule)
Eggshell/ Skull Rule- Take person as is
Fiduciary duty- duty you have to protect or serve someone else, so if you are acting for another. Person who is required to act for the benefit of another in all matters within the scope of the relationship. Ex. lawyer/client, parent/child, doctor/patient
Rule of Parential Liability- parents are not vicariously liable for conduct of their children
Except: w/parent encouragement, parent is negligent in supervision
Employers are liable for acts within scope of the job
Damages are limited to low amount for child torts
Extended Consequences Rule- liable for all conduct that directly results from intentional tortuous conduct
Motive not an issue
Fault must be assigned to recover damages (Vancamp v. McAfoose (tricycle case))
Conversion is act of taking the item & making it one’s own (can convert anything tangible, not land, or blood)
Intent
Intent is state o f mind accompanying an act, mental
theirs
-Necessity
-Nuisance- odor, noise, vibrations, etc. not a trespass
Limiting extended liability- trespasser not liable for things witnessed while trespassing
Extended Liability- D liable even if damages are inflicted unintentionally and not foreseeen
Damages-Based on negative impact of the land was
OR punitive damages if trespass is deliberate or malicious
-A trespass may exist when an object or person goes within a certain distance above or below the land, such as a low plane or parachute
IV. False Imprisonment
Must be reasonable, would a reasonable person feel like they could not leave?
Confinement – held within certain limits
Can be held by physical means or threat or legal authority or duress
Must intend to confine or knew w/substantial certainty that P would be confined.
Ex. was the McCann v. Wal-mart case w/false identity but held there
Elements-
-Intent (not bad motive)
