Anderson Torts Outline for 1Ls

Anderson Torts Outline for 1Ls - TORTS General Rules Law of...

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TORTS General Rules - Law of last resort - Focus on court decisions - Mostly a product of litigation p can recover only if d intentionally invaded the specific interest must prove all “elements” of tort- the prima facie case (both to get jury, and to persuade) -proof of prima facie does not insure recovery -there is no forgiveness on these rules, d only has to win on one aspect of the tort- p has burden on all counts consent - very strong defense causation - element of all tort actions -p must always prove causation tort law is the law of last resorts- the common tort issues are fault, causation and damages tort law=litigation, not statutory like most others -predominantly common law, hammered out in litigation tort law is the socialization of losses- about distributing it beyond the injured party -it’s about moral culpability, responsibility, retribution for wrongs people are offended (think of doctors)- think that guilt means you are saying they are a bad person or bad at what they do, but its not about that, you were just bad that one time I. Intentional Harms to Persons and Property Intentional Torts- battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattels and conversion. compartmentalized, rigid, and precise. Usually protect subsets. 1
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A. Battery - Battery is an intentional touching which is harmful or offensive (this includes the intentional putting into motion of anything which touches another person or the intentional putting into motion of anything which touches something connected with or in contact with another person) -judged by reasonable person standard. -physical invasion of victim’s person or something so connected to victim’s person that it is customarily regarded as part of the person. -no actual injury required *such as a slap on the butt *may be used as alternative pleading in sexual harassment case -intent to do the touching enough? Harm- a. causes pain or b. injury (can be emotional (Fisher v. Carrousel)) c. illness d. intent to harm is not essential Offensive a. if it offends a reasonable person’s sense of dignity -the act must be done for the purpose of causing the contact, or with the knowledge that such contact is substantially certain to be produced Restatement- A person act with the intent to produce a consequence if… a. the person has the purpose of producing that consequence b. the person knows to a substantial certainty that the consequence will ensue from his or her conduct Ghassemiah v. Shafer Student pulled chair out from Ms. Ghassemieh – hurt back - battery was barred by SOL - SOL for negligence was not up An intentional act meant as a prank, not intended to injure. Is it still battery? Yes.
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