Torts Outline (Robbennolt, Fall 2014)
PLEASE Browse in Outline View and turn on Navigation Pane. It’ll be more user-friendly and easier to see the structure from trees to the forest to trees.
Content with Highlight and [J] means there is jurisdictional split over a particular rule. [J!] heavily split.
A little more tip: if you want to summarize which rules have JS you can type in [J] in the search bar
Pay attention to whether to use Subjective [S] or Objective test[O] [E] Emergency, [B] Shift of Burden of proof
Last but not least, Robbennolt is an excellent professor. Her structure is very clear and easy to follow (hope my outline is so as well) and she is an incredibly nice lady!
Her test is typically a three-hour test with 30ish multiple choice questions and one or two case-analysis essay questions. Good Luck!
Pre-view: Theories of Liability
There are three theories of liability in tort law.
Conduct intentionally causing harm to another person
Failure to use reasonable care that causes harm to another
Liability without fault
What should both parties do in court
Plaintiff’s prima facie case
Plaintiff bears burden of proof
Plaintiff must prove the ELEMENTS of a cause of action
Defendant can NEGATE one or more ELEMENTS of the cause of action
Defendant bears the burden of proof for AFFIRMATIVE DEFENSES
I. Intentional Torts (Consider every possible IT for every conduct or scenario)
Pre-view: General Form of Rule
Harms to another
A. [S] Intent
Subjective vs. Objective Test
a. Subjective- what the person had in his mind (intent)
b. Objective- what a reasonable person should have thought (negligence)
1. General Definition
a. Desire to cause the consequences of the act (e.g. harmful or offensive touching) OR
b. Belief that THE harmful or offensive consequences are substantially certain to result from it.
The very consequence that actually happened
D “intended the contact to be offensive and at least slightly
gainst a different person.
b. ONLY 5 intentional torts that fall w/in transferred intent (most common: a and b):
c. False Imprisonment
d. Trespass to Land (cannot be transferred into a or b)
e. Trespass to Chattels (cannot be transferred into a or b)
c. If you have intent to assault but a battery results, you have a case for battery. You focus on the resulting harm.
B. [J] Battery
1. Elements of battery: (Restatement 2nd)
i. He acts intending (desire/belief with substantial certainty) to cause a Harmful or Offensive (objectively) contact with the person of another or a third person; OR
ii. An imminent apprehension of such a contact
directly or indirectly
d. Harmful or offensive contact with the person of another.
i. Harmful Contact: