I. Interference with Persons and Property
Torts- Civil wrongs for which victims have causes of actions against wrongdoers to
recover monetary judgments.
Civil liability for wrongs committed.
Intentional Torts- Interference with persons and property.
Direct intentional harm.
Garratt v. Dailey- Battery case.
1. Intent to cause un-permitted contact
2. No intent that contact be harmful or offensive.
3. What is the basis for inferring liability for intentional tort?
Intent- Substantially Certain
This was sited by trial court, which is possibly not the right legal standard, not only look at intent but reasonable certainty. (knowledge, fringe benefit theory).
Dual Intent- (Not about culpability; allocating risks, state of mind, even insane person is relevant, mental capacity of wrong not needed.)
Intent → Contact → Harm
Single Intent- Most courts use single intent. (Majority Rule).
Intent → Contact
Intent and Diminished Capacity- Adults of diminished capacity (mentally retarded, insane) have been held liable based on intent as long as they are capable of formulating in their mind the intent set forth in the restatement.
Ranson v. Kitner-
1. No intent to kill the dog.
2. Intent to shoot
3. Shooting= Offensive Contact
4. Intent to make contact with something
5. Conclusion: intent sufficient because he intended to shoot although not the dog.
This case is similar to Garratt v. Dailey in that the contact was offensive and there was a lack of culpability, nobody was wrongful.
Talmage v. Sm
Some courts utilize the restatement dual definition of intent but others allow a tort action only if the employer acts with the purpose of causing harm.
B- Battery: Pg 19
Elements of Battery-
§ 13 a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, and b) a harmful contact with the person of the other directly or indirectly results.
§ 18 a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, and b)