Torts 1 Outline Chapter 1: An Overview of Tort Liability Public Policies Liability should be based on fault o Only the defendants conduct s blameworthy should liability be imposed o Generally, fault is used to encompass situations where harm is the product of intentionally tortious conduct or failure to exercise care Liability should be proportional to fault o Seeks to limit or refine application of the fault principle o Liability should not be levied on an individual tortfeasor, even if fault is shown, if doing so would expose the defendant to a burden that is disproportionately heavy or perhaps unlimited o Where there are 2 or more contributors to harm, liability should be allocated according to which their conduct caused the damage Liability should be used to deter accidents o Looks not only to fairly allocate past losses but minimize the costs of future accidents o Tort rules should discourage persons from engaging in those forms of conduct which pose an excessive risk of personal injury or property damage Spread losses broadly o The financial burden of accidents may be diminished by spreading losses broadly so that no person is forced to bear a large share of the damages Shift losses to deep pockets (costs shifted to those best able to bear them) o Not concerned with who is in a good position to spread liability, but seeks to minimize the economic burden of accidents o Losses well be felt less if it is placed on one with substantial resources than one with limited wealth Reconcile burdens with benefits (those who benefit from dangerous activities should bear the resulting loss) o Fairness requires that that who benefit from engaging in such conduct should bear resulting losses. Even in the absence of fault Foster predictability o Persons should not be forced to act as their peril, uncertain as to what the law requires of them or what the law requires of them or what they may expect of others Promote administrative convenience and efficiency o Rules should be shaped so that the dollars spent on accident compensation are efficiently employed o Standards should not be so complex or uncertain that their application entails an undue expenditure of judicial resourced or imposes unnecessarily high litigation costs on parties Discourage the waste of resources o Should encourage individuals to employ available resources to protect their own interests rather than depend upon others to save them from harm Accord due deference to co-equal branches Fully compensate victims 1
Torts 1 Outline 5 intentional torts from writ of trespass o Battery o Assault o False imprisonment o Trespass to land o Trespass to chattels o Have certain things in common, and may swap elements Harm = harm the interest the tort is supposed to protect o Battery = free from harmful or offensive conduct o Assault = free from apprehension of imminent bodily contact o False imprisonment = Freedom from being involuntarily confined Malicious prosecution
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- Spring '08