Thursday, August 25, 2016
Torts four components:
3 THEORIES OF RECOVERY
Two definitions of Intent –
A person acts with Intent when
The purpose (desire) of producing the consequences. (PURPOSE); OR
Knowing the consequences is substantially certain to occur (KNOWING)
Can transfer intent between victims (from Judy to frank)
Can transfer intent between and among causes of actions (torts)
Trespass to land
Trespass to chattel
Nominal Damages – damages from an incident where there are no injuries.A symbolic victory
Intentional Torts include nominal damages.
Not applicable in negligence cases.
Def: the intentional infliction of a harmful or offensive bodily contact upon another.
Act by Defendant
With the Intent (purpose or knowing)
To cause (Causation) (actual and proximate)
Harmful or offensive contact
Consent – can defeat a battery if plaintiff consented to battery harm.
Consent may be a defense for defendant.
Harmful or offensive conduct element
i.e. Unwanted, unwarranted, repulsive, and unwelcomed.
Satisfied if the contact would inflict pain or impairment of any body function, OR if a reasonable person would regard it as offensive.
Battery can extent to contacting with an object attached to or identified with the plaintiff (i.e. purse, cane, something in hand)
Def: Intentional act that causes the plaintiff to experience a reasonable apprehension of an immediate or offensive contact.
Act by Defendant
Intent (purpose or knowing) – must intend the desired harm or know that such a result is substantially certain to occur.
Causation (actual and prox.)
Apprehension of imminent (immediate) harmful or offensive contact.
Offensive is judged by the reasonable person standard.
Apprehension – satisfied if a reasonable person in the same position would have experienced the same apprehension.
Intentional Infliction of Emotional Harm (IIED)
Def: an intentional or reckless act amounting to extreme and outrageous conduct that causes the plaintiff severe mental distress.
Conduct is outrageous + intolerable and offends against general decency and morality
Causal connection between conduct and Emotional distress
Is a determination to be made by jury
Defendants conduct is beyond the
Def: is the imposition of liability on a party without a finding of fault.The claimant need only prove that the tort occurred and that the defendant was responsible.
Usually imputed to situations inherently dangerous
Owning wild animals
VICARIOUS LIABILITY = One persons, or corps., obligation to pay for the injuries another person has negligently (intentionally?) caused
Respondent superior -Employer is liable if: (All three are satisfied)
(Not an independent contractor)
To determine employee, look at: pay period, length of employment, training,
While acting w/in scope of employment
Do determine if an employee is acting within the scope of their employment, consider three elements (Birkner Test)
The person’s conduct must be of the general kind the person is hired to perform
The person’s conduct must occur within their shift hours and in the spatial boundaries
The person’s conduct must be motivated at least in part, by the purpose of serving the employees interest