TORTS OUTLINE - Torts Outline Fall 2007 Professor ROMAN...

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Torts Outline- Fall 2007/ Professor ROMAN Page 1 of 48 Tort : 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) I. 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. Intent – the actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to result from it. (R2§8A) Desire or knowledge to a substantial degree of certainty that – To the Person- That someone’s rights will be invaded e.g. Tapping person on the back* To Property- That the property involved, would be involved e.g. Having keys to friend’s cabin… sold… still trespassed * 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 . R2 Torts §13, 15 19: An actor is subject to liability to another for battery if: (a) he acts to cause a harmful or offensive contact with the person of another or a third person, or an imminent apprehension of such a contact, and
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Torts Outline- Fall 2007/ Professor ROMAN Page 2 of 48 (b) a harmful contact with the person of the other directly or indirectly results b. Illustrations: Movement of arm in swinging a low-boy leg (insane person) McGuire v. Almy ; where an insane person by his act does intentional damage to the person or property of another he is liable for that damage in the same circumstances in which a normal person would be liable. Removing a chair from underneath an elderly woman (minor) Garret v. Dailey; The court reasoned that the defendant made the volitional act of moving the chair. Now the trial court has already determined that the defendant did not have any willful or unlawful purpose when he moved the chair. The court stated that when Brian moved the chair, if he knew with
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This note was uploaded on 04/29/2008 for the course LAW 9999 taught by Professor Roman during the Spring '08 term at FIU.

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TORTS OUTLINE - Torts Outline Fall 2007 Professor ROMAN...

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