Torts Outline (focus on 2 half of semester w/negligence) I. What is a tort? a wrongful act other than a breach of K for which relief may be obtained in the form of damages or injunction based on liability not guilt II. How does Tort law serve society? punishment - punish individuals for doing wrong progress - strict liability Detterence dispute resolution Victims are compensated III. Intentional Torts (can recover both punitive and nominal damages) Elements (1) D commit’s a volitional act - must be a external manifestation of actor’s will (2) Intent - knows w/ substantial certainty that act will cause the consequences (3) Legal Causation - w/o intentional tort (act) I would have not been hurt (4) Injury (invasion of any legally protected interest of another measured by harm that occurs if any BATTERY: (intentional, harmful/offensive, contact) Elements (1) volitional act by D (2) intent to cause harmful/offensive contact, knew or should have knew contact would substantially certain to occur Single Intent (MAJORITY RULE) Florida Must prove D intended to contact P Dual Intent Must prove D intended to contact P and also intended contact to be harmful or offensive (3) contact is substantial factor in causing injury (4) harmful/offensive body contact directly/indirectly resulted Harm- causes physical impairment of the condition of the body, physical pain/illness Offensive - objective test (offensive to a reasonable sense of personal dignity) Nominal harm - personal (legal) rights violated but have not suffered any physical harm Nominal damages - damages to P’s legal right violated Compensatory damages: damages for any loss/detriment suffered by P- want to make P whole ( loss of future earnings, medical expenses) Punitive damages: to punish - deterrence ASSAULT: Elements (1) volitional act by D (2) reasonable apprehension of imminent harmful/offensive contact by P reasonable apprehension - expectation of harmful/offensive contact Reasonableness - subjective, if D knew of specific sensitivity to P
(3) D intended to cause harmful/offensive contact (4) injury (peace of mind is sufficient) Ability to commit assault: no assault if P knows D lacks present ability to carry out harmful or offensive contact P’s Knowledge Required: No assault unless P has knowledge of imminent harmful or offensive contact Self-defense measures irrelevant * conditional threats: no assault unless accompanied by additional words, acts or circumstances “I wouldn’t be surprised if my wife took out a gun and shot you” *delayed threats: no assault unless arouses apprehension of present & immediate harmful or offensive contact “ You have two weeks to get the money or else” * accompanying conduct: no assault if words clarify or state and enforceable privilege “police officer stating he is going to arrest you” FALSE IMPRISONMENT Elements (1) volitional act (2) nonconsensual confining/restraining of P: to a bounded area: with no reasonable means of escape confinment: physical barriers, through use of force/ unreasonable excessive force direct at P or P’s
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- Spring '08
- Tort Law, assault, volitional act, harmful/offensive contact