Torts Law Outline
Saturday, September 27, 2008
7:23 PM
1. Intentionally Inflicted Harm: The Prima Facie Case and Defenses
a. Physical Harms
i. Battery
§ 13. Battery
An actor is liable to another for battery if
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 a contact, and
b. a harmful or offensive contact with the person of the other directly or indirectly results.
· Intent: A subjective desire or substantial certainty
· Battery is established by the intent to commit the unlawful act without regard to intent to cause injury. (Vosburg v. Putney)
· Offensive Contact: Any unlawful or unauthorized touching of another can constitute an offensive contact.
· Plaintiff may recover for battery despite not suffering injuries. (Alcorn v. Mitchell)
· Assault
§ 21. Assault
An actor is subject to liability to another for assault if
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 a contact, and
b. the other is thereby put in such imminent apprehension
· Imminent Apprehension: The intent to cause an action or the intent to create the apprehension that an action could occur
· Must actually act! Mere words do not constitute an actionable assault. (Tuberville v. Savage)
· False Imprisonment
§ 35. False Imprisonment
An actor is subject for liability to another for false imprisonment if
a. he acts intending to confine the other or a third within boundaries fixed by the actor, and
b. his act directly or indirectly results in such a confinement of the other, and
c. the other is conscious of the confinement or is harmed by it.
§ 36. What Constitutes Confinement
1. To make an actor liable for false imprisonment, the other’s confinement within the boundaries fixed by the actor must be complete.
2. The confinement is complete although there is a reasonable means of escape, unless the other knows of it.
3. The actor does not become liable for false imprisonment by intentionally preventing another from going in a particular direction in which he has a right or privilege to go.
· Wrongful Imprisonment requires the detention of a person without the freedom to escape that detention. (Bird v. Jones)
· Where the person does not feel free to leave, but instead feels that they have no option but to comply there is a valid false imprisonment claim. (Coblyn v. Kennedy’s, Inc.)
· The area confined to must be smaller than the area excluded from.
· Intentional Infliction of Emotional Distress
§ 46. Outrageous Conduct Causing Sever Emotional Distress
1. One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harms result from it, for such bodily harms.
2. Where such conduct is directed at a third person, the actor is subject to liability if he intentionally or recklessly causes severe emotional distress
a. to a member of such person’s immediate family who is present at the time, whether or not such distress results in bodily harm, or
b. to any other person who is present at the time, if such distress results in bodily harm.
§ 47. Conduct Intended to Invade Other Interests but Causing Emotional Distress
Conduct which is tortious because intended to result in bodily harm to another or in the invasion of any other of his legally protected interests does not make the actor liable for an emotional distress which is the only legal consequence of his conduct.
· Recklessness: Not su
e the foreseeable likelihood that the person’s conduct will result in harm, the foreseeable severity of any harm that may ensue, and the burden of precautions to eliminate or reduce the risk of harm.
a. The Reasonable Person
i. The Reasonable Person possesses
1. average/Ordinary Mental Capacity
2. ordinary skill in the art/activity engaged
a. Unless D represents himself otherwise or,
b. P knows and assumes the responsibility for D’s greater or lessor skill
3. the same physical attributes as the actor
4. the reasonable person is placed in the same circumstances as the actor
R2 § 283A. The Reasonable Child
The standard of conduct to which he must conform to avoid being negligent is that of a reasonable person of like age, intelligence, and experience under like circumstances.
-EXCEPTION- A minor will be held to the same standard of care as an adult if he is engaging in a dangerous, adult activity (especially one that requires licensing). (Daniels v. Evans)
R2 § 283B. Mental Deficiency
Unless the actor is a child, his insanity or other mental deficiency does not relieve the actor from liability for conduct which does not conform to the standard of a reasonable man under like circumstances.
R2 § 283C. Physical Disability
If the actor is ill or otherwise physically disabled, the standard of conduct to which he must conform to avoid being negligent is that of a reasonable man under like disability.
b. Calculus of Risk
