Torts - General Types of Torts 1 Intentional Torts(Most...

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General Types of Torts 1) Intentional Torts (Most Culpable—all consequences to defendant) a. Actor must desire to cause consequences of his act, or believe that the consequences are “substantially certain” to result i. Probably happen/recklessly happen isn’t enough b. Torts i. Battery ii. Assault iii. False Imprisonment (not covered) iv. Intentional Infliction of Emotional Distress c. π can recover only if the ∆ intentionally invaded the specific interest that is protected by the tort 2) Negligence a. Unreasonably risky/careless conduct causing physical harm b. No named torts 3) Strict Liability (Least culpable) a. Even though defendant acted carefully and didn’t intend harm, he is liable b. Torts i. Abnormally dangerous activities ii. Product Liability 4) Pages a. Page One—prima facie case (π has the burdens) i. π must make out a prima facie case in order to make a case ii. if it goes to trial, π puts on his case in chief b. Page Two i. then defenses, rebuttals, and remainder of case ii. at 2, ∆ has the burdens Argument Strategies 1) Authority—using precedent, doctrinal fits 2) Administrative feasibility—what rule can we lay down that’ll be easy to apply/makes sense? 3) Economic efficiency 4) Corrective justice—different than fairness, need to put the harmed party back in their original situation, prevents revenge 5) Fairness—highly sympathetic to an accident-prone litigant/disabled person -- did the ∆ take from the π something that rightfully belonged to the π? The “Reasonable Person” 1) Breach is assessed from the viewpoints (POP, AIE, B<PL) at page 1 a. ∆ must use same ingredients on page 2 as π uses on page 1 2) POP (person of ordinary prudence) a. courts use an objective standard of negligence; stupidity, & even insanity—no defense in a tort case; b. above-average intelligence/skill can mean a higher standard of care-standard does ratchet upwards in judging a ∆ of superior attributes, but not downwards (can make good arguments for this) c. if a person’s disabled, they’re expected to act like a reasonable (POP with ∆’s specific problems) disabled person ( Roberts ) (i.e. “do the best you can rule”) 3) AIE (age, intelligence, experience) a. applies to children, courts instruct the jury to determine whether the ∆ exercised the care of a reasonable child of like age, intelligence and experience b. children can use dumbness as excuse c. Exception—adult activities: if the child was engaged in an adult activity, he doesn’t get the benefit of AIE Trial Procedure 1) Where judges make mistakes a. Granting or deny motions to dismiss i. Motion to dismiss—complaint set forth by π not actually tortuous ii. Grant or denying motions for summary judgment 1. Motion to dismiss, but with some facts from the ∆ iii. Permitting or disallowing improper statements by counsel during jury selection, opening statement, or closing argument iv. Excluding relevant evidence or admitting improper evidence 1
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v. Granting or denying motions for directed verdict
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This note was uploaded on 08/28/2008 for the course LAW 427 taught by Professor Robertson during the Spring '08 term at University of Texas.

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Torts - General Types of Torts 1 Intentional Torts(Most...

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