Torts – Outline
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Development of Liability Based Upon Fault
If there is a rudimentary cause and effect, s/o who causes damage
to another is liable regardless of intention.
Weaver v Ward.
D accidentally shoots P in a military exercise.
to notice that D may not automatically be liable, but the burden of proof is on D to
prove his innocence.
Brown v Kendall.
D separated 2 fighting dogs.
In order to hold D liable, P must
prove either lack of due care or intent, not merely cause and effect.
Cohen v Petty.
Driver fainting at the wheel, car accident, P passenger injured.
This is coming to show us how much harder it is for P to recover.
must prove fault, which is an absence of due care, or intent.
To establish a
case of intentional tort, P must prove:
That the act of D was a volitional act
That there was intent, motive or purpose to harm; either
(the goal is to
bring about a specific consequence) or
(D knew with “substantial
certainty” that the consequences will result).
If one can prove intent, there is no
requirement to prove damages, unlike in negligence.
D’s act must have been a substantial factor in bringing about the
applies where D intended to commit an intentional tort
against s/o but instead (i) commits a different tort against that person (ii)
commits it against s/o else or (iii) commits a different tort against a
The tort intended and resulted must be either battery, assault, false
imprisonment, trespass to land, or trespass to chattel.
Talmage v Smith.
D intended to throw the stick at one boy, it hit s/o else.
It was an
unlawful act; use of excessive force.
If D can be shown to have intent to do harm to a 3
party and instead harms P, P
can adopt the unfulfilled intention as intended to him.
If D hits A, and B gets hurt also, there is no transferred intent b/c the intent was
executed on A.
B can sue for negligence.
Harmful or offensive contact
Fisher v Carrousel.
Black man humiliated, and his plate was snatched.
If one can show an intentional and unpermitted invasion of space, can show a
Words alone do not constitute a battery; some sort of contact is necessary.
had there been no words it would have been harder to recover, b/c there is a