PART I – TORTS
1) Definitions
a) Tort – A civil wrong, other than a breach of contract for which the law provides a remedy.
b) Purpose of tort law:
i) To provide a peaceful means of adjudicating the rights of parties
ii) To deter wrongful conduct
iii) To encourage socially acceptable behavior
iv) To restore injured parties to their original condition
c) Historical Origins: Different theories of the origin of tort law:
i) based upon “actual intent & actual personal culpability”
ii) law began by imposing liability on those who caused physical harm & gradually developed toward the acceptance of moral standards as the basis of liability.
iii) In early English Law
1. Remedies for wrongs were dependant on writs to bring D to court
a. principle was established that no one could bring action into King’s court without writ
b. The number of writs to be issued was limited
c. the writs forms were strictly prescribed
d. If P could not be fitted into the form of some established & recognized writ, P could not seek money damages in the King’s courts.
d) Torts v. Crimes
i) Tort & criminal actions have different purposes. Purpose of
(1) tort action is to vindicate & compensate for infringement of private interests.
(2) criminal action is to vindicate public interests.
ii) Burdens of proof differ
(1) Tort – generally preponderance of evidence > 50%
(2) Criminal –beyond a reasonable doubt
e) Types of Torts
i) Intentional (intentional torts to persons &/or intentional torts involving property)
ii) Negligence
iii) Strict Liability
f) Writ System
i) Writ of Trespass
(1) only allowed in cases of forcible breach of the King’s peace
(2) required direct & immediate application of force to the person or property of Plaintiff
(3) did not require proof of actual damages
(4) did not require culpability
(5) five torts that could be brought under writ of trespass:
assault, battery, false imprisonment, trespass to land, & trespass to chattels
ii) Writ of Trespass on the Case
(1) for claims not involving direct & forcible injuries to Pla
rule for formulating intent is the same for an insane person as it is for a sane one.
i) McGuire v. Almy – insane person formed intent to hit nurse on head with furniture
f) Transferred intent
i) Transferred intent between people
(1) If a person intends to commit an intentional tort against one person but actually injures someone else, his intent is said to transfer & he is liable to the other.
(2) Talmage v. Smith – man threw stick at one little boy but hit a different one instead
ii) Transferred intent between torts
(1) If you intend to commit 1 of the 5 listed torts & another of the 6 listed torts occurs, your intent transfers & you are liable for all committed:
i. battery
ii. assault
iii. trespass to land
iv. trespass to chattels
v. false imprisonment
vi. Conversion
iii) Cannot transfer Intent
IIED
