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Torts II
University of Nebraska School of Law
Lawson, Craig M.

Torts Outline-
A.       Types of Fault
a.       Intentional
                                                              i.      Unintentional and involuntary are two different things.
                                                            ii.      Not intent to act a certain way, but intent to bring about certain consequences…
1.       Battery-intent to harm or offend. Simple b/c someone intentionally pulled a chair out from under someone, that doesn’t mean they intended to harm or offend the person.
2.       Therefore, intentit tied to purpose or desire.
                                                          iii.      For plaintiff to establish defendant’s intent in a tort, must show either
1.       That it was defendant’s purpose or desire to bring about certain tortuous consequences, or
2.       That the defendant knew that those tortuous consequences were substantially certain to occur.
3.       This is subjective…what did defendant actually know or intend?
a.       Have to both intend action and intend consequences.
b.      General Rule: if the defendant commits an intentional tort, the defendant is liable for all the damages caused by that tort, even if those damages were not intended.
                                                           iv.      Transferred intent doctrine
1.       If the defendant intends either:
a.       Battery
b.      Assault
c.       False Imprisonment
d.      Trespass to Land
e.      Trespass to Chattels
2.       Furthermore, if the Defendant intended to harm one individual but harmed bystander instead…his intent is transferred and he is liable for battery.
3.       Most of these cases involve transfer between assault and battery.
b.      Negligence-want of ordinary care, failure to exercise ordinary care (RPP/UC)
                                                              i.      Ordinary care-degree of care which prudent and cautious men would use.
1.       “Reasonable prudent person” standard-reasonably prudent person would have taken steps to avoid foreseeable risk.
c.       Strict Liability-abnormally dangerous activities…liable even if you exercise the utmost care.
                                                              i.      In blasting, when a blast throws matter onto a property and damages someone’s shed, the blaster is strictly liable even if he exercises the utmost care.
 
B.      Intentional Torts
a.       Battery-Actor uses conduct intentionally causing harmful or offensive contact with person of the plaintiff.
                                                              i.      Some courts define battery as conduct intentionally causing an unauthorized or unconsented-to contact (medical battery)
                                                            ii.      Voluntary Action
1.       Unconscious persons including those with seizures or under the influence of drugs are not generally voluntarily acting.
2.       Insane persons and minors-Insane persons and minors are capable of voluntary action and can be held liable for their acts
                                                          iii.      Intentionally
1.       Intent-to have desire or to know with substantial certainty that your contact will offend or harm the one you contact.
2.       Subjective test…did the defendant actually know with substantial certainty…not whether he should have known or “reasonably prudent person test.”
3.       Transferred intent: D intended to strike X, who ducked. The blow hit P who had unexpectedly appeared. The D is still liable for battery of P.
a.       If D shoots at X’s dog (trespass to chattel) and hit P, even if he had no idea P was there, D is still liable to P for battery.
4.       Helpful intent
a.       Unauthorized medical treatment is battery.
b.      Example: If D intends to help X with broken are against her will, even if it helps it is a batte

sive contact
1.       Objective test-Reasonable apprehension of a battery (harmful or offensive contact).
2.       Apprehension of battery must be imminent
3.       Must be apprehension of contact with own body
4.       Must apprehend threat at the time…does not apply if you are unconscious.
5.       Fear not required
6.       Negating words-If gestures are menacing but language negates the apprehension…not an assault.
a.       E.g. –D points a gun at P, but says “next time we meet, you’re dead”…no assault. Not imminent.
c.       False Imprisonment-Actor intentionally causes the confinement of another person, against their will, and when the person is conscious of confinement (at the time) or harmed.
                                                              i.      Conduct
1.       Action
a.       Words may be sufficient
b.      Physical Force
c.       Threats or duress
                                                                                                                                      i.      Threats to P family
1.       Immediate physical harm to immediate family
2.       Inaction-as when the cult leader didn’t give P a boat so she could get to the shore.
                                                            ii.      Intentionally
1.       Desire or belief in substantial certainty to confine person against their will
                                                          iii.      Causing
                                                           iv.      Confinement of P
1.       Against P’s will