Torts Outline | ID 76317 | WMU-Cooley Law School

Torts I Outline

I.        DEVELOPMENT OF LIABILITY BASED UPON FAULT

What is a tort?
·         A civil wrong, other than a breach of contract, for which the law provides a remedy.

What is the purpose of tort law?
·         To provide a peaceful means of adjudicating the rights of parties;
·         To deter wrongful conduct;
·         To encourage socially acceptable behavior; and
·         To restore injured parties to their original condition

A.        TORTS V. CRIMES

What’s the difference between tort actions and criminal actions?
They have different purposes:
·         Purpose of tort action is to vindicate and compensate for infringement of private interests.
·         Purpose of criminal action is to vindicate public interests.

They have different burdens of proof:
·         Tort – generally preponderance of evidence > 50%
·         Criminal – generally beyond reasonable doubt

B.        TYPES OF TORTS

What are the 3 types of torts?
·         Intentional (generally intentional torts to persons and intentional torts involving property) Battery, assault, false imprisonment, EEMD, Trespass to land, trespass to chattel, conversion. All require intent. Two however, do not have transferred intent. Those are IIMD and conversion.
·         Negligent
Cohen v. Petty: for negligence, P must establish that the D acted unreasonably under the circumstances

·         Strict Liability
Spano v. Perini: strict liability, i.e. liability without fault for one engaged in abnormally dangerous activity.

What are all the Torts
Battery
Intentional infliction of emotional distress
Assault
False Imprisonment
Conversion
Trespass to land
Trespass to Chattel

C.        WRIT SYSTEM

1. Writ of Trespass

What torts could be brought under writ of trespass?
§ false imprisonment
§ battery
§ assault
§ trespass to land
§ trespass to chattels

What are the requirements for writ of trespass?
·         only allowed in cases of forcible breach of the King’s peace
·         required direct and immediate application of force to the person or property of P
·         did not require proof of actual damages
·         did

present

What is the rule for formulating intent for an insane person?
·         It’s the same for an insane person as it is for a sane one.
McGuire v. Almy: insane person formed intent to hit nurse on head with furniture.

What’s the definition of transferred intent between people?
·         If a person intends to commit an intentional tort against one person but actually injures someone else, his intent is said to transfer and he is liable to the other.

Talmage v. Smith: man threw stick at one little boy but hit a different boy.

What’s the definition of transferred intent between torts?
·         If you intend to commit 1 of the 5 listed torts and another of the 5 listed torts occurs, your intent transfers, and you are liable for all torts committed:
o   false imprisonment
o   battery
o   assault
o   trespass to land
o   trespass to chattels