torts final copy of long ouline for bar

torts final copy of long ouline for bar - INTENTIONAL TORTS...

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INTENTIONAL TORTS GENERALLY PRIMA FACIE CASE -- 3 REQUIREMENTS : 1. ACT BY D – requires volitional movement on part of D 2. INTENT (may be either specific or general) a. specific – goal in acting is to bring about specific consequences b. general – actor knows with substantial certainty that these consequences will result. c. transferred – applies when D intend to commit a tort against one person BUT instead : i. (btwn two torts) commits a different tort against that person OR ii. (btwn two person) commits intended tort but against a different person OR iii. (hybrid of both) commits a different tort against a different person 1. BOTH the intended tort AND actual tort MUST be: assault, battery, false imprisonment, trespass to land, trespass to chattels d. MBE TIP: Everyone is capable of intent – incapacity is NOT a good defense; thus, young kids and mentally ill persons will be liable for their intentional torts. 3. CAUSATION – req. that result was legally caused by D’s act or s/thing set in motion by D. Satisfied if D’s conduct is sub factor in bringing abt injury (this applies to all of the intentional torts, so I didn’t bother repeating it for each section) 4. GA: motive (“intention”) is not relevant in prima facie case BUT should be considered when assessing dmgs INTENTIONAL TORTS TO THE PERSON (A) BATTERY (1) harmful or offensive contact (2) to P’s person (3) intent (4) causation o harmful/offensive conduct = judged by reasonable person standard o MBE TIP: Contact is considered offensive ONLY IF it has NOT been consented to ; BUT consent will be implied for the ordinary contacts of everyday life (e.g., minor bumping on a crowded bus) o P’s person = includes anything connected to P (e.g., clothing, purse) o P NOT req to be conscious of harmful/offensive contact (e.g., unauthorized surgery on unconscious patient) o P NOT req to prove actual damages – may recover nominal dmgs even if suffered no severe actual damage. o DON’T FORGET – Intent may be specific (goal to bring abt harm) or general (knows with sub certainty) AND intent may be transferred (from one tort to another) o Medical fact patterns – look for s/o exceeding scope of intent of consent (especially in non-emergency situations) (B ) ASSAULT (1) Act by D creating a reasonable apprehension in P (2) of immediate harmful or offensive contact to P’s person (3) intent (4) causation MBE Definition: Imminent apprehension of an immediate battery – intent to frighten OR attempted battery o reasonable apprehension = apply reasonable person test o P must be aware of D’s act (contrast w/battery) BUT does NOT have to know of D’s identity . o exaggerated fear of contact UNLESS D knows of unreas fear o distinguish fear – even a weakling can cause apprehension and thus assault a bully o effect of words – words alone NOT sufficient – must be coupled with conduct; BUT words can negate reasonable apprehension (e.g., D shakes her first but states that she is not going to strike the P)
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torts final copy of long ouline for bar - INTENTIONAL TORTS...

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