{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Torts_Outline_updated

Torts_Outline_updated - 1 Introduction i 90 of torts ACT...

Info icon This preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
1. Introduction i. 90% of torts – ACT REAONABLY 1. Aristotle when a person harms another through blameworthy conduct they should compensate the person to the extent of the blameworthiness 2. Torts: … compensate them to the extent of the harm ii. 3 approaches to tort law 1. Traditional: corrective justice, coherent set of principles to decide whether this plaintiff was entitled to compensation , policy not withstanding 2. Shift from π having to show good cause to ∆ explaining why liability should not be imposed 3. Economic Theory: social control with greater interests at hand than the individual (KUKLIN’s Fave) iii. Look for the situation sense iv. Conflict in approaches 1. Fact issues 2. Value issues (what type of liability should apply 3. Invoke history, policy, “it ain’t right” 2. Intentionally Inflicted Harms a. Physical Harms i. Intent 1. Act : State of mind (intent to contract a muscle) 2. Intent Proper : Consequences of an act or omission (intended finger movement aware that it is around a trigger – Required in Modern Torts) 3. Motive : Having in mind a belief or knowledge that consequences are certain (motive not required in tort law) 4. If there is no intent to cause harm and no physical harm; offense can suffice 5. Dobbs: must infringe a reasonable sense of dignity (not the germ freak) b. Trespass to Person i. Assault
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
1. Act, Intent to cause Imminent Contact, Reasonable apprehension 2. RST: imminent apprehension; it is enough for the actor to believe actor is capable of immediately inflicting contact 3. P&K: Apprehension of a harmful or offensive contact with the person; π must be aware of the threat; ∆ must be able to carry out threat 4. Words do not constitute and assault; courage/fear irrelevant 5. Intent can transfer 6. Offensive assault (emotional/dignitary harm) 7. Tuberville v. Savage : damages allowed in this case of dignitary harm to prevent fuelling and disruption of order, battery was the result of this assault 8. Allen : ∆ pointed gun at π; didn’t matter that ∆ knew it was unloaded 9. Policy: evidentiary diffictulty; slippery slope, attempts to induce settlement ii. Battery 1. Act, Intent, Harmful or offensive conduct, contact (direct or indirect) 2. RST: an actor is subject to liability if: a. Acts intending to cause a harmful or offensive contact with the person or a 3 rd personl or imminent apprehension of such contact b. And harmful contact directly or indirectly results 3. P&K:A harmful or offensive contact with a person resulting from an act intending to cause the π or a 3 rd part harm; act must cause and be intended to cause an unpermitted contact 4. Extends to any part of the body or anything attached; Π need not be consious 5. Intent element satisfied not only if ∆ intends contact, but also apprehension that contact is imminent 6. Context is important 7. Eggshell π: must take the victim as he finds him 8. Vosburg v. Putney : boy kicks another, held responsible for damages not intended 9. Transferred Intent
Image of page 2
a. Talmedge: threw a stick at friends, injured a 3 rd person; claimed not to see
Image of page 3

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern