Torts Outline

Torts Outline
 
I.       Torts and Introduction – A civil wrong, other than a breach of contract, for which the law provides a legal remedy.
 
1.     Purposes of tort law:
 
A.   To provide a peaceful means for adjusting the rights of parties.
B.   To deter misconduct.
C.   Encourage socially responsible behavior.
D.   To restore injured parties to their original condition, compensating for their injury.
 
2.    Torts v. Crimes
 
A.   Tort & Criminal actions have different purposes
 
B.   Tort – Purposes is to vindicate compensate for infringement of private interest.
C.   Criminal – Purpose is to vindicate public interest.
 
3.    Burden of Proof
 
A.   Tort – Generally preponderance of evidence > 50%.
B.   Criminal – Generally beyond a reasonable doubt.
 
4.     Tort Categories (3)
 
A.   Intentional (intentional torts to person and intentional torts involving property.)
 
B.   Negligent
 
1.     Cohen v. Petty (Chair Case)– for negligence P must establish that the D acted unreasonably under the circumstances
 
C.   Strict Liability
 
1.     Spano v. Perini (Dynamite Case) – strict liability, liability w/o fault for one engaged in abnormal dangerous activity.
 
5.     Writ System
 
A.   Writ of Trespass
 
1.     Only allowed in cases of forcible breach of the kings peace
2.     Required direct and immediate application of force to the person or property of the P.
3.     Did not require proof of actual damages
4.     Did not require culpability (responsibility/fault)
5.     Five torts that can be brought under writ of trespass
6.     Battery, Assault, False Imprisonment, Trespass to Land, Trespass to Chattels
 
6.     Writ of Trespass on the Case
 
A.   For claims not involving direct or forcible injuries to P’s person or property.
B.   Required actual damage and proof of capability
 
Example: Log thrown onto highway. A person hit by the log could maintain Writ of Trespass against the thrower b/c the act was direct and immediate. One who came along later and stumbled over the log could Writ of Trespass on the Case.  
 
II.           Intentional Interference with Person or Property
 
1.    Intent
 
A.    What is Intent?
 
i)        The purpose or desire to bring about a given result or,
 
ii)      Knowledge to a substantial certainty that the contact will result.
 
(1)   Garret v. Dailey (Chair Case) – remanded to determine in chilled moved chair knowing that P would attempt to sit – thus a substantial certainty that a harmful or offensive contact would result.
 
B.     How is intent tested?
 
i)        Intent is a subjective test. – Subjective means existing in the mind; belonging to the thinking subject rather than to the object of thought.
 
ii)      Garret v. Dailey (Chair Case) – must get inside this particular mind to determine if he formed the requisite intent.
 
C.     Who is liable for intent?
 
i)        Insane person or kids
 
(1)   Held liable if P proves they formed the requisite intent.
 
(2)   McGuire v. Almy (Insane Case) – insane person formed intent to hit nurse on head with furniture
 
ii)      Minors
 
(1)   Held liable when he commits a tort with force.
(2)   Garret v. Dailey (Chair Case) – 5-year-old boy action of moving the chair constituted a battery.
 
D.    What intent doesn’t c