Outline - Fall 2006 - Torts - Zeiler

Outline - Fall 2006 - Torts - Zeiler - Torts Outline Intro...

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Torts Outline I. Intentional Torts Intro [37-40] I. Intentional Fault: Intentional Torts Generally, elements are 1. intent 2. impact 3. harm A. The Prima Facie Case 1. Battery [40-52] Elements 1) intent for purpose of causing the harm, or substantial certainty that harm will follow e.g. Garratt boy pulled chair out from under old lady transferred intent a. fully liable even if 1. meant to do a different harm 2. meant to hit another person e.g. Hall v. McBryde boy shot at car did not mean to hit victim b. extended liability: liable for all damages caused, not merely those intended or foreseeable 2) impact = contact need bodily contact can be particulate e.g. Leichtman talk show host blew smoke in antismoking advocate’s face awareness not req’d e.g. Cohen male nurse touched religious Caesarean patient 3) harm offensiveness – reasonable person test (emotional distress is “parasitic” (flows from) another tort - recoverable) other examples: Snyder v. Turk surgeon grabs scrub nurse When minor commits a tort – he is liable (e.g. Garratt, Hall ) 2. Assault [59-65] Elements 1) intent – substantial certainty, transferred intent apply 2) apprehension of imminent “no significant delay” harm or offense to oneself fear is not required but must be aware (not sleeping or baby) (v. battery) apparent ability to harm is sufficient (no actual knowledge req’d) Page 1 of 28 Last updated 12/17 5PM
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Torts Outline I. Intentional Torts 3) harm words alone do not suffice e.g. Cullison girl’s family went to his trailer with guns and threatened to “jump astraddle” e.g. Koffman football player tackled by huge coach – no warning no assault 3. False Imprisonment [65-68] Elements 1) intent (no malice req’d) 2) impact = confinement restricted to limited area w/o knowledge of reasonable means of escape “actual, physical constraint” not req’d threat of harm implicit/explicit barrier false assertion of legal authority e.g. McCann v. Wal-Mart mistook family for shoplifters and said the police were coming 3) harm conscious of harm or harmed by it 4. Intentional Infliction of Emotional Distress [561-569] Elements 1) intent intended to cause severe distress or at least reckless in risking it 2) impact = infliction conduct of defendant was “ extreme and outrageous not just insult, but outrage factors severity (repeated/extended) e.g. GTE crazy employer power dynamic e.g. Taylor “jungle bunny” inferior officer vulnerability of plaintiff e.g. Winkler fiduciary relationship b/t pastor and unstable volunteer 3) harm actually causes severe distress outrageous conduct directed at A does not give B a cause of action e.g. Homer v. Long man sues therapist for seducing wife no claim liable for presence of family member regardless of actual harm non-family member requires presence + actual harm e.g. Bettis hostage’s immediate, not extended, family recovers B. Defenses 1. Consent [91-100] a. Types of Consent 1) express Page 2 of 28 Last updated 12/17 5PM
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This note was uploaded on 04/30/2008 for the course LAW 101 taught by Professor Magana during the Fall '08 term at Georgetown.

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Outline - Fall 2006 - Torts - Zeiler - Torts Outline Intro...

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