Torts Outline

Torts Outline – Kutner, Fall 2004

DEVELOPMENT OF LIABILITY (CHAPTER 1):

Introduction:
· A Tort is a civil wrong or injury
· Tort: A civil wrong, other than a breach of contract, for which the law provides a remedy.
· Purposes of tort law:
a. To provide a peaceful means for adjudicating the rights of parties who might otherwise take the law into their own hands;
b. To deter wrongful conduct;
c. To encourage socially responsible behavior; and
d. To restore injured parties to their original condition, insofar as the law can do this, by compensating them for their injury.
· Common law forms of action:
a. Writ of trespass-Direct and forcible injuries, (whether or not they are intended), no proof of damage required. 3 requirements for trespass on the case:
b. Writ of trespass on the case-tangible injuries to person or property, (intended but not forcible or direct), actual damage must be proved.
· Bases of Liability
a. Intentional Tort
b. Negligence
c. Strict Liability
· Torts is an area of law that imposes DUTIES on persons to act in a manner that will not injure other persons.

TRESPASS/TRESPASS ON THE CASE

Scott v. Shepherd (Squib Case) :
· Issue: Whether the D is liable in trespass for a force set in motion that resulted in the injury of P.
Held: When one begins an “unlawful act” that ends in an accident, injured can bring a charge of trespass, even though action went through several steps before the accident occurred. Starting a “Force in Motion” is enough to consider it immediate for trespass.
Hutchins v. Maughan:
· Facts: Bait was left in a field; P entered the land and the dog ate the bait and died.
· Issue: Whether the act of laying the bait was a direct and immediate cause of injury.
· Held: The satisfy an action of trespass, the injury must be directly occasioned by the D’s act of laying the bait. The injury suffered was not immediately caused but was a mere consequence of P being on the land.

Leame v. Bray:
· Facts: D struck P’s carriage and threw a servant out of the curricle. The horses then ran away with the curricle and forced the P to jump out resulting in a broken collar bone.
· Issue: Whether the P’s injury was an immediate result of force by D.
· Rule: If the injurious act be the immediate and direct result of the force applied by the D, and P is injured by it, it is subject to an action of trespass.

· Holding: D’s actions set a force in motion that caused the injury to P – it is immaterial that the action was not willful by D.
Williams v. Holland:
· Facts: Williams family were on a highway when D’s gig negligently struck their carriage and shattered it, throwing the P’s to the ground. P sued for trespass action of the case.
· Issue: When there is an