Andra Zeppelin- Torts Outline- Schlag- Fall 2005
PART 1- INTENTIONAL TORTS
SECTION 1- TORTS TO THE PERSON a. BATTERY Prima facie case involves an act by D w/ intent to inflict harmful or offensive touching, a harmful or offensive touching, and causa
UCC or CL?
UCC Formation: 2-207(1)-(3)
o between Merchants?
o OFFER (YMAMT)Acceptance w/ NO addtnl/difft terms
o OFFER not YMAMTAcceptance w/ addtnl terms
(merchants)? Proposals (no merchant)? OR Exception 2207(2)? Or Acceptance YMAMT = counteroffer
INTRODUCTION PURPOSE OF TORT LAW
Should have known reasonable person standard common sense based observation, when circumstantial evidence conveys a conclusion Reason to know not mere inference, but sufficient knowledge that would lead to a c
TORTS OUTLINE Prof. Calhoun
NON-FRIVOLOUS CLAIMS: Taking Calhoun's Exams Battery STEP 1: Scan all problems and ID major topics, then zoom in IIED STEP 2: Read problem once, take notes in margins Negligence (specific to action) STEP 3
Tort Policy Issues - Private accountability system - Private parties use expensive social resources o Reasonableness Standard Deterrent Exceptions: Children, Disability - Three Types of Torts o Intentional Shift loss from victim o Negligent Fault
1466 - FOCUS ON WHAT YOU DO KNOW Summary judgment assumes everything non-asking party says to be true
3 types of torts
Intentional - acts to do something against a protected interest o Is the interest protected? o Is there justification? Negligent
INTENTIONAL TORTS Battery: the prima facia case (meaning there was intent and harmful or offensive contact) -intent -unprivileged -harmful or offensive contact -cause (such contact caused something to happen) The act was intended, unprivileged (lacke
Intentional Torts Battery: the prima facie case Offensive Battery, Assault, False Imprisonment, and Intentional Infliction of Mental Upset Privileges: Consent Self-Defense Defense of Property Necessity Causation Actual Causation Alternative Liability
I. In order to win a torts case against a defendant, the victim/plaintiff must show EITHER A. The injurer/defendant misbehaved (i.e., acted wrongfully or acted unreasonably under the circumstances) and that misconduct caused harm to the victim. OR B.
TORTS OUTLINE, yeah baby! I. Policies/Objectives of Tort Liability/System- a. Policies: resolve controversies between two people i. Compensating peeps been hurt/injured/wronged ii. Cost-benefit analysis of social policies iii. Preserving personal cho
(1) INTENT to (2) inflict HARMFUL (R2d s. 13) or OFFENSIVE contact (R2d s. 18) + NO PRIVILEGE
Prima Facie case
INTENT = Act is unlawfulintent is unlawful (Vosburg) OR Knowledge to a substantial certainty (Constructive Intent) (