TORTS OUTLINE.docx - 1 Torts Outline Intentional Torts Intent At minimum substantial certainty that actions will bring about some sort of physical or

TORTS OUTLINE.docx - 1 Torts Outline Intentional Torts...

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1 Torts Outline Intentional Torts Intent : At minimum, substantial certainty that actions will bring about some sort of physical or mental result upon another person. D’s desire to harm and foreseeability are irrelevant - Mere knowledge and appreciation that risk will result from actor’s conduct is enough. Evolution of Liability Hulle v. Orynge (Case of the Thorns) - If P’s injuries were brought about by D’s volitional actions, then compensation should be awarded. Historically - if there are damages, there is liability (strict). Facts: Timber falls on another’s home without intent while acting lawfully Weaver v. Ward - Earliest known case that D might not be liable, even in a trespass action, for a purely accidental injury occurring entirely without his fault. D now given opportunity to prove that he was without fault. Facts: Ward walks into gunfire. Outcome: Ward was unable to prove that he was not at fault. Brown v. Kendall (Assault & Battery) - P now has burden of proof to show that intention was unlawful or that D was in fault. If the injury could not have been avoided and conduct of D was free from blame, he will not be liable. Fault covers both intentional torts and negligence. Facts: Two dogs fight. D uses stick to break up fight and accidentally injures P. Outcome: P had no evidence that D acted without due care (negligently) or intentionally Cohen v. Petty - As a matter of law, one who is suddenly stricken by an illness, which he had no reason to anticipate, is not chargeable with negligence. Negligence cannot be predicated upon D’s recklessness when he knew or should have known of the possibility of an accident. Facts: P was a guest in D’s car when he lost control of vehicle after reporting he felt sick. Outcome: P did not prove fault (no actionable negligence), so claim cannot go forward. Spano v. Perini Corp . - Strict liability (liability without a showing of fault) is the rule without any showing of blaster’s intent or negligence. Facts: P1’s car was inside P2’s garage. D set off dynamite 125 feet from garage. 1
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2 The Three Dignitary Torts (to protect the physical integrity of human beings from invasion): 1. Battery : An unconsented to intentional touching, either directly or indirectly, that would be considered offensive or harmful to a reasonable person. R, 2nd §13 and §18 (Harmful, Offensive) RW approves: intentional infliction of a harmful or offensive bodily contact without consent. Does not require damage/injury, touch can be slight. P need not be conscious of touching. D must act, the act must be intentional, the act must cause a contact with the victim, and the intended contact must be either harmful or offensive to the victim. Harmful: anything that causes injury Offensive: anything that blatantly violates society’s standards 2.
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