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pad outline1 - Torts Introduction 1. Social and Political...

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Torts Introduction 1. Social and Political Functions of Tort Law i. Provide peaceful means for settling disputes 1. Keep people from taking law into their own hands ii. Deterrence 1. Pathology: may inhibit good behavior 2. Encourage loss prevention programs and promotion of safety measures iii. Encourage socially responsible behavior 1. Legal means for dispute resolution iv. Restore injured parties to original condition 1. Adjust losses for deviation from accepted norms 2. Direct and indirect 3. How far to extend damage? a. Foreseeability? v. Implement society's notion of fairness, justice, and morality b. Protective Functions of Tort Law i. Physical integrity of the person (including P/S) ii. Personal dignity iii. Property damage iv. Person's good name v. Peace of mind and privacy c. Origins of Tort Law Writ of Trespass Writ of Trespass on the case criminal character, intended to punish Base of most modern tort and contract law forcible breach of King's peace, royal courts assumed jurisdiction apply to Chancellor if no writ could be found in Register to cover P's claim; Direct and forcible injuries Other tangible injuries to a person or property besides direct/forcible injuries No proof of actual damage Require proof of damage to prove liability Liability imposed w/o regard to D's fault Proof of culpability: intent/conduct Includes A/B/FI, TTC/TTL Can transfer intent w/in 5 writs of trespass Transferred intent does not apply d. Basis of Liability i. Intentional conduct ii. Negligent conduct that creates unreasonable risk of harm iii. Strict liability: neither intentional nor negligent, but public policy calls for strict liability. 2. Intentional Torts (7)
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a. Battery; Assault; False Imprisonment; IIED; TTL; TTC; Conversion 3. Defenses to Intentional Torts (9) a. Consent; Self Defense; Defense of Others; Defense of Property (Land & Chattels); Recovery of Property (Land & Chattels); Discipline; Necessity; Authority of Law; Justification
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Intent 1. The specific state of mind required for intent is either: a. purpose to accomplish a result i. to do an act ii. to do a specific harm (not necessary but is sufficient) 1. CAUTION! Britt v. Hayes (tractor backed up into truck) ruled intent to injure person was intentional tort whereas intent to injure property only is not intentional tort. Real problem was that SOL had expired for intentional tort, and P wanted to recover under negligence. State legislature then amended SOL to avoid this case. Narrow interpretation to help P. b. knowledge to substantial certainty that actions will bring about result (alternative test) i. SC is focused on P, source of harm AND a particular time and place ii. Risk is not enough iii. Garratt v. Dailey : 5 year old pulled chair from under woman in "slow arthritic descent." Found liable b/c he knew w/ SC contact would result if he pulled chair. iv.
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pad outline1 - Torts Introduction 1. Social and Political...

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