Torts outline
– Definition:
o In common law, a civil wrong other than a breach of contract for which the law provides a remedy
– Reasons one should be allowed to recover for a tort
o Compensation
o Deterrence of tortfeasance
o Peaceful means of rights adjustment (no vigilantism)
o Encourage socially responsible behavior
Intentional Torts
– Def: Any intentional acts that are reasonably foreseeable to cause harm to a victim and those that cause harm
– Structures
o Against Person: harm or restrict the Plaintiff
§ Assault
§ Battery
§ False Imprisonment
§ IIED
o Against Property: any intentional interference with property rights of P
§ Trespass to land
§ Trespass to chattels
§ Conversion
– Fault is based on having a volitional act
INTENT
– Does not require:
o Malice
o Intent to injure
o Other bad motives
– Can be proven as
o Specific
o General
–
– RST § 8(a)
o The actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to result from it (Maj. Rule but not total)
– Garrat v. Dailey- Dailey was small child, but his intent hinged on whether he was SUBSTANTIALLY CERTAIN that his acts would result in a harm or a potential harm
– Spivey v. Battaglia notes that intent is determined from OVERT CONDUCT and mental state of intent can only be indirectly observed.
– Substantial Factor Test: (Perkins) said action was not necessarily an intentional tort, but was a substantial factor leading to the harm
– Mistake does not negate intent
– Ranson v. Kitner man shot dog that he thought was a wolf, didn’t negate the fact that he had trespassed the chattel
o Mental Illness
§ Court states 4 reasons mentall
Talmage v. Smith – man threw stick at one boy in an effort to frighten, and injured another
· Also gave jury instructions about reasonable force—said that even if there was req’d intent, if force was reasonable no recovery
Battery
– Elements
Def: An intentional, harmful or offensive touching of another
Requires:
1.) Intent to make a harmful or offensive touching OR imminent apprehension of
such contact AND
2.) The touching actually occurs
– You do not have to be aware of the touching at the time it occurs (unconscious etc.)
an act which is not done with the intent does not make the actor liable to the other for a mere offensive contact with the other’s person although the act involves an
