Torts I-BJ - Torts I Fall 1998 Professor Joseph Bill Jeberg...

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Torts I Fall 1998 Professor Joseph Bill Jeberg & Mike McCarville GENERAL OVERVIEW A) 3 CATEGORIES OF TORT LAW 1) Intentional Torts- conduct which intended to cause harm 2) Negligence- conduct which creates an unreasonable risk even if not intended 3) Strict Liability- conduct subject to strict liability w/out thought to intent or negligence INTENTIONAL TORTS I PRIMA FACIA ELEMENTS A) VOLITIONAL ACT- voluntary acts B) INTENT 1) Restatement § 8(a) Purpose Intent- act purposely invaded protected intent Knowledge- that the actor knew with substantial certainty the act would invade a protected interest (Garrett v. Dailey- pulled chair out) Transferred intent- if an interest is invaded other then the one originally intended, the tort still occurred, the intent transfers (Talmage v. Smith- throws rock, hits someone else) . Mistake does not matter. 3 kinds: (i)commits a different tort against that person (ii)commits the same tort intended, but against a different person (iii)commits a different tort against a different person C) INVASION OF A LEGALLY PROTECTED INTEREST D) CAUSATION- liable for the direct consequences of action A) DAMAGES 1) Nominal- A token sum 2) Punitive- Conduct must be outrageous or malicious 3) Compensatory- Out of pocket expenses B) NOTES ON INTENT 1) Does not have to be a hostile intent, just intent 2) Ignorance no excuse 3) The insane and children are liable for there torts II BATTERY A) DEFINITION 1) The intentional infliction of harmful or offensive bodily contact Offensive conduct is unpermitted touching (Moore v. Williams- operation, went to other ear) Actual touching is not required, the touching of an instrumentality is enough (Fisher v. Carrousel- touched tray = extension of body) 1
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B) PRIMA FACIE ELEMENTS 1) There must a volitional act 2) Intent- either intent to inflict offensive touching or bodily harm or a substantial certainty that your conduct will result in such (Garrett v. Dailly) It is the intent to make contact, not to make injury 3) Invasion of the protected interest- the protected interest is invaded if… (a) The conduct is harmful or offensive No physical harm is required Use the reasonable person standard- not whether the specific π would be offended Contact extends to things closely identified w/ the body (Fisher v. Carrousel) Actual awareness of the invasion is not necessary 4)Causation- Indirect contact (ordering a dog to bite is battery)- liable for setting something in motion and any liable for any consequences that ensue from the touching ( such as medical bills for infection due to kick) 5) Damages Nominal- can recover even if no physical injury Punitive- wilful & wanton conduct Actual (Compensatory)- liable for actual injury (wage loss, medical, pain and suffering) III ASSAULT A) DEFINITION 1) Reasonable apprehension of an imminent battery Battery has to be reasonably capable of being carried out (Western Union Telegraph v. Hill- behind desk, couldn't reach thus couldn't battery) 2) Rule- assault once they get close enough to touch B)
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