Exam2_Review

Exam2_Review - 3/23/2010 INTENTIONAL TORTS Tort law...

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3/23/2010 INTENTIONAL TORTS Tort law – intentional and negligence The claims you put in the complaint to get to the system Each of these claims – that give you the right to ask for money, civil, not criminal On the defense side – poke a hole in one of those elements If there are 4 requirements and you knock out one, you’re going to win Torts to contracts – very specific elements, miss evidence of the elements you are going to get a pretrial dismissal Discovery – you are going to know what those elements are Tort law – judge made law aka common law, judges are creating this Tort law is also state law, you could have 50 different theories of the same tort Look at particular state to see if there is a change Torte – not this, in French it means to twist, Latin it means a wrong, that’s why we call it tort Tort – everything that’s not a contract, theories of law you can put in complaint that will give you money (personal injury or property damage), ambiguous Slide 2 > 4 Categories of Torts 1) INTENTIONAL TORTS 2) BUSINESS TORTS 3) UNINTENTIONAL (NEGLIGENCE) TORTS 4) STRICT LIABILITY TORTS Business torts – businesses who are suing, competitors Classified by state of mind Strict liability – product liability (Toyota recall) With intent – various degrees of fault, certain torts require an evil motive, you really meant to harm that person Others – you knew to a substantial certainty Recklessness – Matthews case (Bed Bugs) When you’re looking at torts, look for an intent element – What was persons state of mind? You have to show they meant something bad. 1)State of mind 2)Conduct component You were thinking evil thoughts, then you punched him Which of the elements are conduct and which were state of mind Crime is defined by statute, tort is coming from judge made law If there’s a crime, they would sue them in tort in civil system Purposes of tort law – compensate the plaintiff and deter Slide 3 – Intentional Torts Against Persons INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (IIED) FALSE IMPRISONMENT Assault – put in fear of physical harm, threatened someone is going to harm you Battery – touching of some kind (reasonable person) has to be unreasonable Offensive > sexual cases 1
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IIED – extreme and outrageous conduct. Just being put, not go to school for weeks, work. Harm has to be greater for emotional distress tort. False Imprisonment – facts/circumstances test > recognized as moments! Assault and Battery – 2 torts, put together Battery – intentional touching and is harmful and offensive to a reasonable person You have to have the intent, they meant to touch Touching has to be harmful (injury) or if its not, show its offensive to a reasonable person Reasonable person is objective in nature Plaintiff – it was offensive to me, reasonable person – it’s going to go all through tort law Goes through test, what would the average person think. Someone is overly sensitive, no award. Battery – touching someone in an offensive way to a reasonable person
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This note was uploaded on 02/02/2012 for the course BMGT 380 taught by Professor Mark during the Spring '08 term at Maryland.

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Exam2_Review - 3/23/2010 INTENTIONAL TORTS Tort law...

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