PART 1- INTENTIONAL TORTS - Andra Zeppelin- Torts Outline-...

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Andra Zeppelin- Torts Outline- Schlag- Fall 2005 PART 1- INTENTIONAL TORTS SECTION 1- TORTS TO THE PERSON A . B ATTERY Prima facie case involves an act by D w/ intent to inflict harmful or offensive touching, a harmful or offensive touching, and causation. E LEMENTS - Volitional Act by defendant + Intent + Harmful or Offensive Touching + Causation- Cause in fact and proximate cause + Lack of Consent (either an element or a defense) + Damages Volitional act - refers to the volitional movement of D's body- unconscious (not v- seizures, asleep)- reflex (v unless pure reflex action) – incompetent (v) Intent - to inflict the harmful or offensive touching, not to harm-takes P as you find them- Vosburg - There is a RESTATEMENT position. Two ways to establish intent: Purposefully - desire to bring harm and Knowingly- certainty that the harmful or offensive touching should occur. Intent can be transferred- if you try to hit A and hit B, you are liable Plaintiff must only show one. Motives are immaterial, but if malice is present, D may be liable for punitive damages. Transferred intent Doctrine applies- if D acts w/ intent to cause intentional tort, he will be liable even if outcome to P is unexpected. Harmful or offensive touching - Plaintiff must show by a preponderance of the evidence that the defendant engaged in harmful or offensive touching- everything from spitting to a shooting. P. does not need to know of the touching. Vosburg v. Putney there is talk about implied license- which is now called consent. To be harmful or offensive- the contact should offend a reasonable person of ordinary sensibilities- it does not matter if the victim was offended, if a reasonable person would be. It doesn’t matter if the P knew of touching or not. Causation – The defendant would pay for all the harms that ensue from the act directly and indirectly because the intent has been demonstrated. Setting in motion the force that actually causes the touching suffices. D’s conduct must bring injury directly or indirectly. Damages – Actual damages are NOT required. The plaintiff must prove the damages, the loss that incurred from the act of the defendant. For battery they do not have to be demonstrated. This is not typically an issue for other torts. Notes: Not a battery- second hand smoking.Parents are NOT liable for the torts of their children unless they failed to supervise- in which case they are negligent. B . A SSAULT Prima facie case involves an act by D w/ intent to cause apprehension of immediate harmful or offensive touching, apprehension, and causation. ELEMENTS - Act by D- volitional movement of the body , Intent , Apprehension , Causation , Damages Act by D - must be a volitional body movement. Mere words are not enough, unless there are special circumstances (threatening a blind person). Intent
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PART 1- INTENTIONAL TORTS - Andra Zeppelin- Torts Outline-...

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