The Big Picture - Torts

The Big Picture - Torts - Intentional Torts Volitional Act...

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Intentional Torts Volitional Act A willed muscular contraction Intent Acting with desire to bring about the harm or damage while engaging in an action in which the harm is substantially certain to occur (Garret v Daily) Transfer of Intent o Transfer of intent between torts o Transfer of intent between victims (Talmage v Smith) Expectation without desire o By the mere fact that you have the expectation that the other people will die you will have the intent to Desire without expectation o That is still intent Battery Volitional Act Intent to touch Causation o Vosburg v Putney – But For Would it have happened anyway Harmful or offensive touching o Non-innocuous touching What is a non innocuous touching is rooted in Social Custom Was it calculated to produce harm Touching does not have to be the person (Fisher v Carrosel) o Offensive Would it offend a reasonable person (Alcorn v Mitchel) Spitting in the face Environment where it may be offensive o Thin Skull Rule (White v U of Idaho) You take the victim as they come If you touch the person and they have a thin skull you are still responsible Defenses o Volitional Act Instrumentality Someone pushing you and causing you Smith v Stone Something that was by reflex o Intent Instrumentality Consent to touch o Causation
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Vosberg – was it coincidence, would it have happened anyway o H/O Touching Innocuous touching Self defense Recapture of chattels Defense of property Assault Volitional Act Intent o Acting with the desire to bring about reasonable apprehension while engaging in an action which the apprehension is substantially certain to occur Causation o Your act caused the apprehension Reasonable apprehension of imminent harmful or offensive touching o Two Elements Must be upon you Reasonable person would be aware of the harmful or offensive touching Must be aware o Does not matter if the threat can be carried out All the victim has to do is be fearful that he will be touched o Threat of future force is not sufficient o They person must know that of the immanent harmful or offensive touching o Mere words are not assault Unless a reasonable person in the same situation would have a reasonable apprehension of touching o Imminence The attack must be upon you Brower – Threats over the phone is not imminant Tuberviel v Savage – Conditional Threat o Harmful or offensive touching (see Battery) o Expect and fearful that you will be TOUCHED o Allan v Hanaford – Body being prepared for blow Defenses o Volitional Act Same as above
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The Big Picture - Torts - Intentional Torts Volitional Act...

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