Torts_Outline_4 - Torts Outline I Development of Liability...

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Torts Outline I. Development of Liability Based Upon Fault A. What is a tort? - a civil wrong (not criminal wrong); usually compensated with $ - can have situations that are crimes & torts & therefore can sue in civil court too. (but criminals don’t usually have $, so its pointless) B. Public policy and torts - plays a big role - may create a tort important in society ex. Sexual harassment now exists - there are a lot of civil wrongs that aren’t torts (ex bad manners) - unavoidable accident – harm or damage created but can’t sue b/c not done on purpose, so didn’t commit tort - damages – 1. $ sought by injured party 2. the actual injury C. Categories 1. Intentional Torts - Battery, Assault, False Imprisonment, Infliction of Emotional Distress 2. Negligence 3. Strict Liability: liable regardless of extreme care and lack of intention - abnormally dangerous activities, selling of defective product D. RP is ordinary reasonable prudent person!!!!!!!!!!!!!!!!!!!!!!! II. Intentional Interference with Person of Property 1. Intent - must prove def intended to damage or injure - 2 ways: - def desired to inflict injury ( circumstantial evidence to prove) - def engaged in tortuous conduct while knowing the outcome that is certain to happen - allows plain to collect punitive damages - Transferred Intent applies 2. Battery A. Definition: intentional infliction of a harmful or offensive bodily contact B. Elements 1. Volitional Act – external manifestation of actors will, not involuntary or reflexive, mind telling body what to do 2. Intent – def intended to cause harmful/offensive touching, or sub cert to occur 3. Harmful/Offensive touching suffered – direct, indirect, anything def made move; not societal norms; use RP test 4. Causation: D VA caused h/o touching 5. Damages: usually present, but not required
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6. Awareness: not necessary at the time, if no dam then nom 3. Assault A. Definition: intentional causing of an apprehension of harmful or offensive contact about to be suffered B. Elements 1. Volitional Act – mind telling body; ext man of actors will; usually needs to be physical; depends on circumstance and def past actions 2. Intent – done with knowledge apprehension will occur 3. Apprehension immediately suffered – fear, annoyance that (1)P must be appreh (2)R appreh and will suffer immediate battery; (3) must be certain and not conditional; (4) must consider apparent ability of def to do harm; use RP test - apprehension: anticipation with discomfort 4. Causation: D VA caused appreh 5. Damages: usually present, but not required; compens or nom 6. Awareness: necessary at the time 4. False Imprisonment A. Definition: putting someone in position where will to leave is overcome B. Elements 1. Volitional Act – mind telling body, act and/or words sufficient 2. Intent – had knowledge unlawful confinement was likely to occur; can’t occur by negligent or reckless acts 3. Confinement – unlawful overcoming of persons will to leave; not just limiting one direction; can be physical or emotional
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This note was uploaded on 09/21/2009 for the course LAW All taught by Professor All during the Fall '09 term at University of the West.

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Torts_Outline_4 - Torts Outline I Development of Liability...

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