torts_outline - INTRO TO TORTS INTENTIONAL TORTS Chapter 3...

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INTRO TO TORTS INTENTIONAL TORTS Chapter 3: Intentional Tort to Person or Property Battery a. Requiring Fault b. Elements of Battery - intending to cause a harmful or offensive contact - Offensive to a reasonable sense of personal dignity if offensive contact - Harmful contact results - Cohen v. Smith o Battery according to the Restatement (2 nd ) of Torts He acts intending to cause a harmful or offensive contact with the person Harmful or offensive contact directly or indirectly results o Liability for battery emphasizes Plaintiff’s lack of consent to the touching o Protection of personal integrity Important basis for battery Not merely offensive or insulting - Must plaintiff prove intent to harm in order to prove a battery? - Object of the defendant’s intent? o To harm the plaintiff o To offend o To touch - Fault is required to establish liability in torts - Requires bodily contact o Otherwise neither harm nor offense would be sufficient - Damages o What kind of damages should plaintiff recover (if any) in cases of proven battery If contact merely offensive but not harmful o Emotional distress damages Damages for emotional distress are recoverable if they are a result of trespassory torts like battery, assault, or false imprisonment Does not stand alone Attached to another tort 1
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c. Re-focusing on Intent - Garratt v. Dailey o Intentional infliction of a harmful bodily contact upon another Act that directly or indirectly is the legal cause of a harmful contact with another’s person Act is done with intention of bringing about a harmful or offensive contact o Mere absence of intent to injury plaintiff would not absolve Defendant of liability if he did have such knowledge o Legal fault Intent Negligence Conduct that creates unreasonable risk of harm o Willful/wanton conduct Course of action which shows actual or deliberate intent to harm Shows utter indifference to or conscious disregard for a person’s own safety If course of action is not intentional o Recklessness When a person’s conduct creates a known risk that can be reduced by relatively modest precaution, that conduct is reckless o Conduct that falls short of intentional wrongdoing may still be reckless or wanton so that punitive damages would be justified - Hall v. McBryde o Actor is subject to another for battery if: He or she acts intending to cause a harmful or offensive contact with the person A harmful or offensive contact with the person directly or indirectly results o Intent element for Battery: Actor intends to cause a harmful or offensive contact o Transferability of intent/level of intent required: If an act is done with the intention of inflicting upon another an offensive but not a harmful bodily contact Or of putting another in apprehension of either a harmful or offensive bodily contact (assault) And such act causes a bodily contact to the other Actor is liable to the other for a battery
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