140_Torts Outline - Torts Outline Purposes of torts:...

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Torts Outline Purposes of torts: --compensatory damages (compensation) --corrective justice (ex post – after) --deterrence (ex Anti—(before) put people on notice so they don’t do it) --economic efficiency- more efficient to have the safety feature than to be sued for damages I. Intentionally Inflicted Harm A) TRESPASSES i. Trespass to person You are responsible for damages even if you did not intend to cause everything that happened. (Vosburg v. Putney) Physical, Emotional and Dignitary Harms a) Assault Definition: Intent to cause apprehension of immediate harmful or offensive touching . 1) intent 1) D acted with desire to cause the result, or 2) with substantial certainty that the result would occur (subjective test) D must have believed that contact was almost certain to occur. Ex. D swings a bat in front of P’s nose, not intending to hit him, D has requisite intent (and if he does hit him he will be liable for battery) Doctrine of Transferred Intent : the requisite intent will be found where D intended to inflict a bodily contact on someone other than P, but actually inflicted it on P. 2) reasonable apprehension P must have reasonable apprehension of imminent harmful or offensive touching and must be subjectively aware of the threat at the time.
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Fe ar is not required. A pparent ability to inflict touching is sufficient. Tuberville v. Savage Assault? “If it weren’t this time I would hurt you”, while putting the hand on the sword Takes words and surrounding circumstances into account No. Maybe if he drew the sword Allen v. Hannaford Plaintiff hired moving men to take furniture. Defendant had a lien on the furniture. When the moving men came she took a pistol and said that she would shoot them full of holes if they move the furniture. The gun was unloaded but she pointed it at them. Assault: yes (Depends on the apprehension created in the mind of the person assaulted) Ex. Someone comes up to you and says “your money or your life” Assault? No, not immediate 3) harmful or offensive contact a) Contact : with person, clothing, something P is holding or that is closely associated with P. i. Direct contact : D touches P himself ii. Indirect contact : P can cause P to be touched indirectly (ordering a dog to attack, using a bat, stun gun). D does not need to be present when contact occurs. b) Harmful : if injures, disfigures, or impairs the body c) Offensive : it would offend a reasonable person’s sense of dignity. 4) immediate threat immediate: within moments of the threat. Ex. I’m going to punch you if you don’t give me your purse. Not imminent: threat of future harm
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Rule: A threatening gesture will not constitute an assault when there are accompanying words which clearly negate the gesture’s threat. ( Tuberville v. Savage ) D will be liable for foreseeable and unforeseeable harms: Ex. P runs away in fear, trips and breaks his leg. D will be liable for the broken leg. Defenses
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140_Torts Outline - Torts Outline Purposes of torts:...

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