Torts I – Edited Outline thus far in semester…
Intentional Harm
Focus on what the actor sought to achieve or knew would occur instead of whether act causing harm was
intentional
Intent
o
R3d Torts § 1
The person acts with the purpose of producing the consequence
The person acts knowing that a consequence is substantially certain to result
o
Garratt v. Dailey
Dailey (age 5) moved a chair and sat in it. Later Garratt tried to sit down where the chair
had been and became injured. Dailey did not move the chair while Garratt was in the act
of sitting.
Must determine if Dailey had the intent for Garratt to fall when sitting
Here age is relevant to liability because Brian’s knowledge of the situation and
possible consequences depend on his ability to reason.
o
Hammontree v. Jenner
P argues that D should have foreseen he could lose consciousness and cause a crash from
seizure. D followed necessary procedure to allow him to drive.
Must show that a person had the intent to harm
No absolute liability for damages exists for a driver who experiences a sudden physical
illness that renders him unconscious and causes an accident during that time
Assault
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R2d Torts § 21. Assault
An actor is subject to liability to another for assault if
(a) third person, or an imminent apprehension of such a contact, and
(b) the other is thereby put in such imminent apprehension.
An action which is not done with the intention stated in Subsection (1, a) does not make
the actor liable to the other for an apprehension caused thereby although the act involves
an unreasonable risk of causing it and, therefore, would be negligent or reckless if the risk
threatened bodily harm.
o
Picard v. Barry Pontiac-Buick, Inc.
P tried to take pictures or something of workers at dealership to have their inspection
sticker pulled. Worker lunged at her, spun her around, pointed finger at her and touched
her camera. There was an assault for pointing finger and lunging at P. Also a battery for
unwelcomed touching of camera.
Defines assault
(1) A physical act of a threatening nature of an offer of corporal injury (essentially
a threat) which puts an individual in reasonable fear of imminent bodily harm.
(2) Recoverable damages – those for the plaintiff’s mental disturbance, including
fright, humiliation and the like, as well as any physical illness which may result
from them.
Battery
o
R2d Torts § 18 Battery: Offensive Contact
(1)An actor is subject to liability to another for battery if
1
(a) he acts intending to cause a harmful or offensive contact with the person of the
other or a third person, or an imminent apprehension of such a contact, and
(b) an offensive contact with the person of the other directly or indirectly results.
