Torts I- DS - Torts Outline I. Torts A. What is torts? 1....

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Torts Outline I. Torts A. What is torts? 1. Legal concept of liability 2. unplanned for and/or accidental losses 3. Common law: judge made case by case. Decisions are precedent, distill the reasoning of the court. They give rise to court doctrine rules for later courts. - Statutes as State Law: from the constitutions of states, and will vary by amendments. Gov’t has the power to protect the public health and welfare. - Different laws in different states - Majority rules v. Minority rules B. What are the goals of tort law? 1. Fairness – compensation 2. Efficiency – deterrence 3. Administrative Practicalities – need rules that work 4. Expressions – “claiming” C. Damages: 1. Compensatory: compensate for actual loss. Making the defendant pay to put plaintiff back to where they were before the tort. 2. Nominal: $1. No real/actual harm. Can still go into court to seek damages. 3. Punitive (exemplary): Damages to punish egregiously bad behavior. Precise formula. II. Basic Intentional Torts A. The concept of Intent : a state of mind about consequences or results - a) Purpose/desire OR b) Knowledge to a substantial certainty - Subjective standard 1. Intent to Injure – intent to make an offensive contact (battery) - motivation does not negate the fact that the act was done intentionally - intention has to do with results, not just with “acts.” 2. Intent and Mistake – you can be liable for you mistakes - while a mistake as to the surrounding facts will no necessarily preclude a finding of tortious intent, the existence of a mistake may bear upon whether the defendant can assert a privilege that will defeat the plaintiff’s action. . - there is no tort liability for an involuntary act. 3. Intent and Insanity – insane people are to be held responsible for their tortious actions. - the insane person must have been capable of entertaining that same intent and must have entertained it in fact. - sound public policy favors placing the loss of the person who caused it, whether sane or not. 4. Transferred Intent – You have intent with respect to a particular target, but hit something else. - although you do not intend to hit a certain target, the act itself is wrongful. - Brudney v. Ematrudo : actions done within the scope of employment; no wrongful conduct B. Battery and Assault – can have one without the other 1. Battery – the intentional infliction of unconsented bodily contact that is harmful or offensive - contact is offensive if it would offend a reasonable person’s sense of personal dignity
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- even acts done with the best of motives can give rise to liability for battery - indirect contact may give rise to battery - plaintiff’s lack of awareness of the contact at the time it occurs will not defeat an action for battery. 2.
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This note was uploaded on 02/18/2008 for the course LAW 1010 taught by Professor Cavanaugh during the Fall '00 term at St. Johns Duplicate.

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Torts I- DS - Torts Outline I. Torts A. What is torts? 1....

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