Torts_Outline_[Bar]_-_revised - California Bar July 2006 Torts[1 INTENTIONAL TORTS The hypersensitivity of the plaintiff should be ignored Always assume

Torts_Outline_[Bar]_-_revised - California Bar July 2006...

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California Bar – July 2006 Torts [1] I NTENTIONAL T ORTS The hypersensitivity of the plaintiff should be ignored. Always assume the plaintiff is an ordinary normal or typical person in analyzing the elements of plaintiff’s case. There are no incapacity defenses in the law of intentional torts [ Garrett v. Daly ] P RIMA F ACIE C ASE 1. [Act by ∆] 2. Intent 3. Legal Causation A. Act by Defendant a. Torts to the Person I . B ATTERY 1. Harmful or Offensive Contact… a. “Offensive” = not normally permitted by an ordinary or reasonable person. b. Types of Contact: i. direct ii. indirect: ∆ sets in motion a force that brings about harmful or offensive contact. 2. …with the Plaintiff’s Person . a. “Plaintiff’s Person” includes anything connected to the plaintiff (e.g., purse, dog on a leash), not limited to skin or flesh. II . A SSAULT 1. Creation of a Reasonable Apprehension in Plaintiff… a. “Apprehension” = knowledge [ David & Goliath Hypo ] b. Analyzed from plaintiff’s perspective [ Unloaded Gun Hypo ] 2. … of an Immediate Battery: a. Overt, physical conduct must accompany the threat. b. However , words can negate immediacy (conditional words or future threats). III . F ALSE I MPRISONMENT 1. Act or Omission that Confines or Restrains Plaintiff… a. Sufficient: physical barriers; physical force; threats of force; failure to release; invalid use of legal authority.
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California Bar – July 2006 Torts [2] b. Insufficient: moral pressure; future threats. 2. …to a Bounded Area… a. Defined or specified boundaries without a reasonable means of escape that the plaintiff can reasonably discover . 3. …Known by or Causing Harm to Plaintiff. a. ∏ must have the mental feeling of being restrained or suffer a physical detriment as a result of confinement. b. Torts to Property I . T RESPASS 1. Physical Invasion by a Person or Tangible Object… a. for intangible objects (e.g., light, smell) see nuisance. 2. …of Plaintiff’s Real Property. a. “real property” = surface, airspace and subterranean space ( cujus et solum ). ii. Torts to Personal Property— 1. Interference with Plaintiff’s Right of Possession a. “interference” = intermeddling (damage) or dispossession. 2. …in a Chattel . a. “chattel” = everything you own other than land and buildings b. mistaken belief that chattel is owned by ∆ does not preclude liability. 3. Classification: T RESPASS TO C HATTELS C ONVERSION Extent of Harm Modest or Slight (showing of actual damages is required ) Extensive, Significant or Great Remedy Rental Value (Cost of repair) Replevin (recovery of item) or Trover (recovery of FMV) B. Intent A . Rule: the defendant must intend for the occurrence of the volitional act. b. Types: i. Specific: the goal in acting is to bring about specific consequences ii. General: ∆ knows with substantial certainty that the consequences will result. iii. Transferred:
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California Bar – July 2006 Torts [3] 1. Rule: when ∆ intends to commit a tort against one person but— a. commits a different tort against the same person.
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