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Unformatted text preview: TORTS: KRIMMEL What is a TORT? A civil cause of action against tortious harms. i.e. Personal injury, property damage, and invasion of other interests such as reputation. It is a civil cause of action not arising out of contract. Tort- tortion or torture--twisting your rights. Unlike criminal law, torts are compensation for injuries sustained by one person as the result of the conduct of another. A civil law suit brought by another person for money or for an injunction. o Injunction- someone makes you do something you would normally do Three Types of Tort Liability Intentional- based on the intend of the defendant (battery, assault, false imprisonment, infliction of emotional distress) Negligence- based on careless conduct of the defendant Strict liability- attaches irrespective of the mind of the defendant. Tort Damages for payment: Rule for damages for torts were held to be that the wrong-doer is liable for all injuries resulting directly from the wrongful act, whether they could or could not be foreseen by him. D must pay his or her own damages even if he or she is a minor, however statutes have changed this in some cases. Nominal: Used for intentional torts: used for vindication of principle--a wrong was done, but nominal damages usually dont compensate i.e. $1 Compensatory: Used for all torts. Will compensate for past, present, and future damages plus compensation i.e. Pain & suffering, future earnings lost, medical bills, etc. Punitive: Used for intentional torts. The person has already received compensation for damages, but the act was so bad, the court needs to do something to make sure that it prevents the harm from happening again. The richer you are, the more money theyll squeeze out of you so it hurts. INTENTIONAL TORTS Definition : a tort committed by someone acting with general or specific intent. E.g battery, false imprisonment and trespass to land. Battery: DEF: A volitional act which he has intent that causes a touch that society deems to be harmful or offensive touching. Battery is defined as the causing of harmful or offensive contact to the plaintiffs person with the intent to make contact. Nonconsensual touching. Vosburg v. Putney : Rule: in an action to recover damages for an alleged assault and battery, the victim must only show either that the alleged wrongdoer had an unlawful intention to produce harm (i.e. An unlawful intention in committing the act which occured) or that he committed an unlawful act. While at school, 11 yr. Old Putney (D) kicked 14 yr. Old Vosburg in the leg, and as a result, Vosburg later lost the use of that leg. Defendant was liable for injuries resulting by the wrongful act of kicking the plaintiff, whether or not it could have been forseen by him....
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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.
- Fall '09