Instrumental Rationales: Tort law is an instrument for achieving social goals.
1. Deterrence-desist from harm producing conduct
2. Efficiency- maximize total social wealth
Non-Instrumental Rationales: Tort law should punish wrongful conduct
1. Compensation (to P): D causes harm to P
2. Fairness (to D): corrective justice
Intentional Torts (Prima Facie Cases)
Unlawful Intent (Chapter 1 & 11)
Cause (Chapter 2&4)
Damages (Nominal, Punitive) (Chapter 8)
A. Harmful Battery
-Rest. 2d §13. Battery: Harmful Contact
Battery: Prima Facie Case
1) Defendant Acts
2) Intending to (desire or knowledge to substantial certainty)
4) Harmful or
6) Contact with another and
7) Harmful or offensive contact results to another or a third person
*ALL OF THESE ELEMENTS MUST BE SATISFIED*
-Vosburg v. Putney (intent)
Rest. 3d §1. Intent
A person acts recklessly in engaging conduct if:
(a) the person acts with the purpose of producing that consequence; or
(b) the person acts knowing that the consequence is substantially certain to result.
>objective standard- considers implied license of the classroom
>conduct is unlawful when it is contrary to shared expectations of the time and place
-Garratt v. Dailey (constructive intent)
>constructive intent- having knowledge to a substantial certainty that harm will result from conduct
B. Offensive Battery
-Rest. 2d §18. Battery: Offensive Contact
-§19. Contact is offensive if it offends a reasonable sense of personal dignity.
-Same elements above need to be proven.
-Fisher v. Carrousel Motor Hotel
>actual physical contact not necessary to constitute battery so long as there is contact with clothing or an object closely identified with the body
-Leichtman v. WLW Jacor Communications, Inc.
>tobacco smoke has physical properties capable of making contact
>discomfort isn’t enough to call it harm; Rest. 3d §4. Physical harm means the physical impairment of the human body or of real property or tangible personal property. The physical impairment of the human body in
F. Conversion (ELEMENTS)
-Intentional exercise of dominion or control of a chattel of another which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.
-only serious harm to the property or other serious interference with the right of control constitutes conversion
G. False Imprisonment
(1) An actor is subject to liability to another for false imprisonment if
(a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and
(b) his act directly or indirectly results in such confinement of the other, and
(c) the other is conscious of the confinement or is harmed by it
(2) An act which is not done with the intention stated in Subsection (1,a) does
not make the actor liable to the other for a merely transitory or otherwise