All Torts

What is a tort?

A civil wrong, other than a breach of contract, for which the law provides a remedy, typically in the form of damages.

How does a tort differ from a crime?

A tort is a private wrong remedied by money damages, while a crime is a public wrong prosecuted by the state with possible criminal sanctions.

Can the same act be both a tort and a crime?

Yes, the same act can be both a public wrong prosecuted criminally and a private wrong remedied through tort law.

What is deterrence as a justification for tort law?

The idea that tort liability discourages harmful behavior by threatening liability, aiming for optimal deterrence.

What is compensation (loss spreading)?

An older view that treats tort law like insurance, focusing on spreading losses and compensating injured plaintiffs.

What are the three main categories of torts?

Intentional torts, negligence, and strict liability.

What are the major justifications for tort law?

Compensation, deterrence, and corrective justice.

How can intent be proven for intentional torts?

By either purpose or substantial certainty.

What does 'purpose' mean in intent analysis?

The actor’s goal or desire to bring about the contact or result.

What does 'substantial certainty' mean?

Knowledge to a near certainty that a particular result will occur.

Is intent subjective or objective?

Subjective — it depends on what this defendant actually thought or knew.

Does a mistake of identity negate intent?

No, a mistake of identity does not negate intent.

How are mentally ill defendants treated in intentional torts?

They are treated the same as non-mentally ill defendants if intent is present.

What is transferred intent?

A doctrine that transfers intent from the intended target to the actual victim or between certain torts.

What is single intent?

Intending the act (ex. hitting someone)

What is dual intent?

Intending the act AND the harm (ex. hitting someone AND intending it to hurt them)

Does a reasonable mistake negate intent?

No, a mistake of identity does not negate intent.

How can you satisfy intent for intentional torts?

Purpose and substantial certainty.

Can intent transfer between people?

Yes

Can intent transfer between torts?

Yes, if both torts fall within the traditional writ of trespass.

What is purpose?

acting with the desire to cause the harm

What is substantial certainty?

Knowing with substantial certainty that harm could occur, even if not desired

What are the elements of battery?

1) intentional 2) touching 3) that is harmful OR offensive

What does “intimately connected with" mean, and what tort does it relate to?

That "touching" can be an object related to someone (ex. of hotel employee grabbing plate from person's hand) - related to battery

How is battery analyzed in dual intent jurisdictions?

1) intent (for the act AND for the harm), 2) touching, 3) harmful OR offensive (objectively harmful or objectively offensive)

Can someone be battered if they aren't aware of it?

yes, even if they are contemporaneously unaware (ex. unconscious) - NOT the case for assault or F.I.

If the gist of battery is physical, what is the gist of assault?

emotional

what are the elements of assault?

1) intentional act 2) to cause a harmful or offensive contact OR imminent apprehension of such contact, 3) the other experiences such imminent apprehension

Is assault single or dual intent?

always dual

For battery and assault, do you need to be aware?

For battery, no - for assault, yes

Does leering count as assault?

no

Exlain the difference between the "rocks and guns" analogy

merely having a rock isnt enough to constitute assault (unless thrown and are reasonably close) but having a gun always constitutes assault due to their dangerous nature

Is fear required for assault?

no, only apprehension that it could happen

When does fear play a role in assault?

only in damages, not in actual assault

Are there mergers in tort law? Why/Why not?

no, plaintiff can sue and recover for both. because there are no "attempts" in tort law (ex. attempted battery)

What are the elements of false imprisonment?

1) intentional 2) restraint 3) that is unjustified

Is F.I. single or dual intent tort?

single. only intent to restrain is required

Is restraint satisfied in F.I. if someone is allowed to move among very extensive grounds?

yes, if someone isn't allowed to leave an area, that counts

Is being kept out of an area F.I.?

no, F.I. requires inclusion not exclusion

What are the elements of unreasonable means of exit:

Plaintiff doesn’t know about it / it’s not apparent, It requires exposure of the person (clothes taken while skinny dipping), It requires material harm to clothing (ex if you had to tear your clothes to escape), It requires danger of substantial harm (having to escape through a sewer)

Does victim need to be aware of restraint for F.I.?

yes. ex. locking a drunk man in a room and unlocking it before he wakes up

How did the restatement of F.I. change the def.?

Either being aware of the imprisonment OR being harmed (ex. of drunk person. may not remember since they were drunk, but did get harmed when hit by a car)

Does "moral persuasion" count as restraint?

No. if someone chooses to stay, that's on their own accord

what are the ways to be restrained?

1) actual or apparent physical barriers 2) overpowering physical force or submission to force 3) submission to threats of force 4) other duress (ex. threat to family member - otherwise it's hard to define), 5) asserted legal authority (sometimes called false arrest) (ex. police officer flashing badge)

What is false arrest?

asserted legal authority over someone. element 5 of being restrained. (side note: false arrest is nullified if defendant is convicted of the same crime)

What are the original writs of trespass?

Battery, assault, F.I., trespass to land, trespass to chattels, and conversion (destruction)