Tort Outline
In civil law a tort is a civil wrong for which the law provides a remedy, the suits arise from injuries committed by one person. We need them b/c 1) deterrence 2) no self help 3) social responsibility 4) compensation.
Brown v. Kendall
(Two dogs were fighting, picked up stick and hit person in the eye)
Rule: Either the intention must be unlawful or the defendant must be in fault. Liability must be based upon legal fault.
If lawful act à accident (unintentionally hit) àunless fault, negligence,
carelessness or lack of prudence à then no C/A.
Ordinary care- kind and degree of care that prudent and cautious men would use as required by the case and to guard against probable danger.
For an act to be an accident it must be one which could have been avoided with ordinary care.
Cohen v. Petty
(Driver becomes suddenly ill, passes out and crashes car)
Rule: One who is suddenly struck w/ illness he had no reason to anticipate or could predict is not liable for negligence to those he injures as a result of that illness.
It must be a volitional activity which caused the act.
Spano v. Perini Corp
(Garage damaged by blast during construction of nearby tunnel in city)
Rule: strict liability- able to hold someone liable w/o any negligence or intent- look to nature of activity itself:
auto responsibility for damages due to possession and/or use of equipment which are inherently dangerous ex: explosives, wild animals, assault weapons
Allocate blame to those most responsible. Evidence showing causation of
damage.
Transferred intent: A intends to hit B, A hits C, C can sue A
Causal relationship
Intent
An act committed by a person that desires to cause a harm (specific intent) or has knowledge of a substantial certainty (general intent) that a harm will result. Requires volitional act, can be transferred to another person, and isn’t negated by mental illness, drunkenness, mistake, or infancy.
Garratt v. Dailey
(5yr old pulls chair out from under old lady, she falls)
Rule: In order that an act can be done w/ intent of bringing about a harmful or offensive
contact it must be done for the purpose of causing the contact or apprehension or w/ knowledge on the part of the actor that such contact is subs. cert. to be produced.
Does not require malice, intent to injure, or other bad motives
When a minor commits a tort w/ force he is liable to be
proceeded against as any other person.
There is an age below which a child is too young to form
intent.
Spivey v. Battaglia
(D put arm around P, felt sharp pain and now paralyzed)
Rule: To be liable for battery (B) the D must have intended contact that was offensive or
harmful. Element of intent not met b/c not foreseeable that hug would paralyze her.
Reas. man would believe that a part. result was sub
B, FI, T/L, or T/C)
good policy-someone must compensate victim
desire or purpose to cause act, proof of harm by 3rd party
it was unreasonable force in this case
Battery
Cole v. Turner
Rule: Battery is the least of touching of another in anger, but incidental conduct which happens everyday isn’t battery b/c living in a crowded world
Wallace v. Rosen
(During fire drill D touched P at top of stairs to get her to move & she fell down)
Rule: Battery is the knowing or intentional touching of one person by another in a rude,
insolent, or angry manner. Any touching however slight can constitute assault and battery. One acts w/ reckless disregard of the consequences and not intending any injury doesn’t matter.
Intent requires desire to bring about a result which will invade the interests of another in a way the law forbids
Reasonable and objective person- use context of situation- would reasonable person find the contact offensive, not this particular P
Reasonable to be touched in fire drill, R&O person not find touching offensive
Different if D aware of hypersensitivity of P, then liable
Intent is essential no negligence or recklessnes