Outline - Torts I - TORTS I Three states of Torts 1...

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T ORTS I Three states of Torts 1. Intentional a. Intentional wrongdoings b. Can you receive damages for intentional wrongs towards you 2. Negligence a. Based on carelessness 3. Strict Liability a. Things you are responsible just because you did them b. You break it you did it Three Types of Damages Nominal Damages o When really no damages are involved Compensatory damages o Recompensing for an injury o Cover lost work, medical bills, pain and suffering o There must be a certain price at which you would say the damage isn’t worth it o How much do I need to compensate you for the damage Punitive damages o Designed to punish the wrongdoer o Go over and above what is necessary to recompense o How much do I have to pay you to punish you o What is necessary to deter you from damaging ------------------------------------------------------------------------------------------------------------ Intentional Torts Battery – Intentional Liability A volitional act with intent to touch which causes a touching that society deems to be harmful or offensive Elements of Battery 1. Volitional Act (Behavioral Element) A willed muscular action 1. Nonvolitional act = spasm, seizure 2. Intent (Mental Element) (Third Restatement) A person intentionally causes harm if the person brings about that harm either purposefully or knowingly 1. Purpose. A person purposefully causes harm if the person acts with the desire to bring about that harm 2. Knowledge. A person knowingly causes harm if the person engaged in action knowing that harm is substantially certain to occur 1
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You must intend to touch or to cause harm 3. Causation (Attributive Element) My touch caused the harm Is there some cause and effect, some relationship, between what the defendant did and the harm the plaintiff suffered 4. Harmful or Offensive Touching (Target Harm) Some social ill, some wrong, that society thinks is bad enough to consider battery What are some things that are touching without permission 1. Getting touched in the elevator 2. Mere pleasantries 3. Tapping How do you test offensiveness 1. Asked the jury to think of reasonable people and reason if the 1. Vosberg v. Putney – School kid gets kicked slightly under the table a. Volitional Act - Vosberg Voluntarily kicked him b. Intent - He intended to touch him c. Causation - This is what they tried to prove, that the touch actually caused the harm d. Harmful or offensive touching - What made this offensive was that it was in the classroom ------------------------------------------------------------------------------------------------------------ Assault Elements (1) Volitional act o Same as battery (2) With intent o You can satisfy the intent by either intending contact or by intending to create the apprehension of contact o Defined the same as battery : Transfer of intent of a tort If I am trying to confine you, miss hitting you, that is enough to prove intent (3) Causes (4) The reasonable apprehension of an immanent harmful or offensive touching
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Outline - Torts I - TORTS I Three states of Torts 1...

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