torts! - Torts Page 1 of 26 I Torts A civil wrong other...

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Torts! Page 1 of 26 I. Torts : A civil wrong, other than a breach of contract, for which the law provides a remedy. A. Major purposes of tort law: 1. Provide a peaceful means for adjusting the rights of parties who might otherwise “take the law into their own hands”; providing a remedy in court 2. Deter misconduct 3. Encourage socially responsible behavior, safety 4. Restore injured parties to their original condition, insofar as the law can do this, by compensating them for their injury B. Sources of authority 1. Primary authorities: Statutes Higher Court w/in jx 2. Secondary authorities (not binding, but persuasive): Common law in another jx Restatements C. Basis of liability: Largely fault-based: In general, no tort liability (eg. driver who suffers seizure while driving). Fault: intentional or negligent (ie. falling below the standard of care) misconduct. D. Tort analysis: 1. ¶ proves elements of tort 2. Δ has reasons of defense (can concede elements, but must introduce reasons) II. Intentional Torts Doctrine of Transferred Intent: 5 torts that fell w/in the trespass writ: battery, assault, false imprisonment, trespass to land, and trespass to chattels. When the Δ intends any one of the five, and accidentally accomplishes any one of the five, the doctrine applies and the Δ is liable. A. Battery 1. External manifestation of will (Act) a. Act: External manifestation of the actor's will and does not include any of its results . b. Illustrations: Movement of arm in swinging a low-boy leg Removing a chair from underneath an elderly woman Hugging a co-worker in a “friendly, unsolicited hug” Throwing a stick Grabbing a plate from another’s hand and shouting 2. Desire to cause consequences OR knowledge to “a substantial certainty” that consequences will result at the time of the act (Intent) a. Intent: Actor (1) desires to cause consequences of his act, OR (2) that he believes that the consequences are substantially certain to result from it. b. 28 states of mind…infer intent from the circumstances, facts
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Torts! Page 2 of 26 Possible states of mind: Desire to cause harmful (e.g. physical impairment, pain, or illness) OR offensive (offensive to a reasonable sense of personal dignity) contact to ¶ or another Knowledge to a substantial certainty that act will cause harmful or offensive contact to ¶ or others. Transferred intent: between people, torts c. Illustrations: Desire to strike another and injure; cause harmful contact Knowledge to a substantial certainty that moving the chair (ie act) would result in “contact or apprehension” Desire to cause offensive contact by giving an unsolicited hug or grabbing a plate out of one’s hand (objects are considered “intimately connected” to body) Imminent apprehension of contact by throwing stick to scare others or intent to cause offensive contact with an unsolicited hug, but instead
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torts! - Torts Page 1 of 26 I Torts A civil wrong other...

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