Torts I - Outline - Barton - UTLaw - Fall 2016.docx - Torts I Edited Outline thus far in semester Intentional Harm Focus on what the actor sought to

Torts I - Outline - Barton - UTLaw - Fall 2016.docx - Torts...

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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 o 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
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(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.
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