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Torts
University of Dayton School of Law
Hagel, Thomas

Torts Outline
I.                    Overview
A.    Definitions
1.       Duty- denotes the fact that the actor is required to conduct himself in a particular manner at the risk that if he does not do so he becomes subject to liability to another to whom the duty is owed for any injury sustained by such other, of which that actor’s conduct is a legal cause
a.       The duty that the actor shall conduct himself or not conduct himself in a particular manner
b.      The harm which the duty is intended to prevent does not occur until the interest protected by it is invaded and, therefore, until such invasion occurs there can be no liability for the breach
2.      Subject to Liability-denotes the fact that the actor’s conduct is such as to make him liable for another’s injury if:
a.       The actor’s conduct is a legal cause thereof; and
b.      The actor has no defense applicable to the particular claim
3.      Tortuous- conduct whether of act or omission is of such a character as to subject the actor to liability under the principles of the law of torts
4.      Injury-the omission of any legally protected interest of another
5.      Harm- the existence of loss or detriment in fact of any kind to a person resulting from any cause
6.      Physical Harm- physical impairment of the human body or of land or chattels
7.      Intent- denotes that the actor desires to cause consequences of his act or that he believes that the consequences are substantially certain to result from it
8.      Legal Cause- denotes the fact that the causal sequence by which the actor’s tortuous conduct has resulted in an invasion of some legally protected interest of another is such that the law holds the actor responsible for such harm unless there is some defense to liability
a.       To be liable an actor’s conduct must not only be tortuous in character but it must also be a legal cause of the invasion of another’s interest
b.      The act or omission must be a substantional factor in bringing about the harm and there must be no principle or rule of law which restricts the actor’s liability
9.      Privilege- conduct which under ordinary circumstances would subject the actor to liability, but under particular circumstances does not subject him to such liability. Privilege may also be based on:
a.       The consent of the other affected by the actor’s conduct
b.      The fact that its exercise is necessary for the protection of some interest of the actor or of the public which is of such importance as to justify the harm caused or threatened by its exercise; or
c.       The fact that the actor is performing a function for the proper performance of which freedom of action is essential
10. Consent- willingness in fact that an act or an invasion of an interest shall take place
11. Reasonably Believes- the fact that the actor believes that a given fact or combination of facts exists, and that the circumstances which he knows, or should know, are such as to cause a reasonable man as to believe
12. Reason to Know- the fact that the actor has information from which a person of reasonable intelligence or of the superior intelligence of the actor would infer that the fact in question exists or that such person would govern his conduct upon the assumption that such fact exists
13. Should Know-the fact that a person of reasonable prudence and intelligence or of the superior intelligence of the actor would ascertain the fact in question in the performance of his duty to another, or would govern his conduct upon the assumption that such fact exists
B.     Intent
1.       Intent contains the following elements
a.       It is a state of mind
b.      Concerning the consequences of an act, and not about the act itself
c.       It encompasses not only having in mind a specific purpose or desire to bring about stated physical consequences, but also having in mind a belief (or knowledge) that , relative to the factual circumstances, the stated physical consequences are substantially certain to result from the act
2.      3 forms of intent
a.       Intent (intentional tortuous conduct)
1.      Conscious purpose to cause result
2.      No conscious purpose
b.      Recklessness
c.       Negligence
1.      Not aware that your actions will cause harm
II.                Assault
A.    An actor is subject to liability to another for assault if: 
1.      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 a contact and
2.      The other is thereby put in such imminent apprehension
B.     An action which is not done with the intention stated above, does not make the actor liable to the other for an apprehension caused thereby
C.     Words alone are never assault
D.    Threatens must be immediate to be considered assault
E.     Assault is a mental injury, think of it as someone in the process of attempting a battery but stops before contact is made
F.      Attempt Unknown to Another- an attempt to inflict a harmful or offensive contact or to cause an apprehension of such contact does not make the actor liable for an assault if the other does not become aware of the attempt
G.    Termination of Attempt After Other’s Knowledge- if the actor has put another in apprehension of an immediate and harmful or offensive contact, the actor is still liable if the terminates his attempt
H.    Apprehension- awareness that unless someone stops the actor, the actor will do what they say they are going

al dignity (it must offend and ordinary person)
G.    Character of Intent
1.      If an act is done with the intention of inflicting upon another a harmful bodily contact or of putting the other in apprehension of either a harmful or offensive bodily contact, and if it causes an offensive bodily contact to the other, the actor is subject to liability to the other although the act was not done with the intention of bringing about the resulting offensive contacts
2.      If an act is done with the intention of affecting a 3rd person in the manner stated above, but causes an offensive bodily contact to another, the actor is subject to liability to such other as fully as though he intended so to affect him
H.    Consent
1.      3 types
a.       Explicit- to give (ex. Written)
b.      Implied- under the facts and circumstances there was the wanting to give consent
c.       Apperant- you did not give explicit and did not intend (implied) but your acts made it seem that you did (actually you gave no consent at all)
2.      If you have explicit or implied you have in fact consent
3.      If one lacks the mental capacity they cannot give consent
4.      In true mutual combat (both giving consent) than both parties have the defense of consent
5.      Emergency rule- whenever an emergency endangers the life or health of the plaintiff, consent is implied from the circumstances
IV.             Nonconsensual Defenses
A.    Self Defense
1.      Factors needed to use this defense
a.       You are the non-aggressor
b.      Threat of imminent harm
c.       The use of force is necessary
d.      Use of force must be reasonable to the threat
e.       The aggressors act has to be non-privileged
2.      Mistake of fact is always used in self defense cases
3.      Any mistake that is not reasonable will invalidate this defense
4.      Self-defense by Force not Threatening Death or Serious Bodily Harm
a.       An actor is privileged to use reasonable force, not intended or likely to cause death or serious bodily harm, to defend himself against unprivileged harmful or offensive contact or other bodily harm which he reasonable believe that another is about to inflict intentionally upon him