Torts I- Final Outline1. First Look at Torts1. Chapter 1: Tort Law: Aims, approaches, and processes1. What is Tort Law1. Torts are wrongs recognized by law as grounds for a lawsuit1. Harm is required in all tort cases2. Goals of Tort Law1. Some broad and conflicting aims1. Justice policy, and process aims of tort law in summary1. Morality or corrective justice1. Object of tort law is to define cases in which law may justlyhold pone party liable to compensate another (Fairchild vGlenhaven Funeral services)2. Social utility or public justice1. Provide a system of rules that works for for the good ofsociety3. Process1. Rules are made with the legal process in mind1. Rules judges and juries can understand and don’tleave too much to the judge or jury’s discretion4. Potential conflicts1. Might pit social good and individual good against each other1. City needs to make fire break and blows up plaintiff’shome before he can remove all furniture2. Corrective justice, distributive justice, and policy1. Sometimes all three work together, and sometimes not1. Advocacy requires lawyers to show why one side is moreimportant in the specific case3. Fault and other normative bases for liability1. Tort Law imposes liability for conduct the law treats as wrong2. Strict liability appears commensurate with corrective justice1. Truck backs over borrowed lawnmower, but I’m not at fault.Do I need to replace b/c that is custom even though I’m not atfault? 4. Compensation, risk distribution, fault5. Fostering freedom, deterring unsafe conduct; economic analysis1. Deterance for torts is desirable, but does desire for deterrence forjustice or for social policy supersede the other?6. Scaldo in online lecture puts emphasis on Moral and Social responsibility andespecially social responsibility 2. Theory in Application: The Role of Fault
1. Van Camp v. McAfoos3. Implementing Tort Law’s Goals with Damages Awards1. Dillon v. Frazer2. Compensatory damage components3. Evidence of payments made by 3rd parties4. Judge and jury/ Awards that “shock the conscience”1. Additur2. Remittur4. Types of damages1. Compensatory2. Punitive5. States of Mind to satisfy fault requirement1. Intent- voluntary act with the desire for that act to produce that consequence2. Negligence- “oops” acting unreasonably in the face of a foreseeable risk3. Recklessness- Willfully disregards an obvious risk with a high probability of harm6. State of Mind for Liability without Fault1. Strict liability1. No fault based state of mind at all2. In certain circumstances, tort law imposes liability without regard to whetherthe defendant was at fault 7. Intent Requirements for an intentional tort 1. Intent- knowledge to a substantial degree of certainty that harm will result from thedefendant’s volitional act1.