Torts_I_Outline[1]

Torts_I_Outline[1] - Torts Outline Tort: an unjustified,...

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Torts Outline Tort: an unjustified, intentional, infliction of harm on another person, resulting in damages, by one or more acts that would otherwise be lawful- a wrongful act actionable under civil law. I. Intentional Torts – State of mind torts I. Applies a subjective standard as to reasonableness and intent, look to the defendant II. Intent : (Garrett v. Dailey) a. Either the defendant has a desire or purpose to cause the consequences of his act OR b. The defendant will have a substantial certainty that the consequences will occur c. Intent requirement is satisfied even when there is a good faith effort and even by insane persons d. Intent v. Motive 1. Intent – the desire to bring about certain consequences 2. Motive – the reason why someone does what they do e. Substantial certainty : if the defendant knows with a substantial certainty that a particular effect will occur as a result of an action, and he does the action anyway, the defendant is deemed to have intended that result. f. Knowledge and appreciation of a risk does not equal to substantial certainty- ONLY when a reasonable person would avoid a risk and they don’t. g. Children are not legally competent, but are liable for their intentional acts. 1. NY – 4 year old limit II. Doctrine of Transferred Intent Same Tort Different Victim Intent to harm one person results in intent to harm any person Different Tort Different Person Intent to cause one tort to one person results in intent to cause any tort to any person Different Tort Same Person A different tort to the same person I. Applies to five intentional torts 1. Battery 2. Assault 3. False imprisonment 4. Trespass to Land 5. Trespass to Chattel III. Doctrine of Liability for Extended Consequences I. The tortfeasor is responsible for any torts that occur as a result of his intent to cause one tort a. Example – intent to shove someone, they fall down and die, you are responsible. IV. Self autonomy and self determination : the power to control what happens to one’s own body
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Intentional Torts *** Always discuss battery and assault together – there will be an essay I. Battery – Intent to cause a harmful or offensive bodily contact without permission to do so, and a harmful or offensive bodily contact occurs. a. Harmful contact : 1. pain or bodily damage 2. physical impairment of the condition of another’s body b. Offensive contact: 1. damaging to one’s reasonable sense of dignity 2. §19 “ a bodily contact is offensive if it offends a reasonable sense of personal dignity” 3. Is the conduct socially acceptable in that society? c. Other considerations – 1. an object is an extension of one’s self 2. hypersensitivity – aware of shyness and intent to embarrass 3. no conscious awareness – sleeping beauty d. What is the difference between battery and lack of informed consent? 1.
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This note was uploaded on 01/27/2011 for the course POL 390 taught by Professor Alessi during the Spring '10 term at SUNY Stony Brook.

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Torts_I_Outline[1] - Torts Outline Tort: an unjustified,...

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