Torts

What is tort law?

Law governing when injured party institutes civl lawsuit seeking compensation for civil wrong, done to themselves or their property.

What law governs torts?

State law, common law

What are the goals of tort law?

Compensation, deterrence, justice (punishment is rare)

What are the types of torts?

Intentional torts (in which the fault is intent); Negligence (in which the fault is carelessness); Strict liability (in which there is no fault)

Transfer of Intent — When does it apply?

In all intentional torts except IIED and conversion

How can intent transfer?

Transfer of intent between persons; transfer of intent between torts

What does a trespass to people seek to protect?

Trespass to people seeks to protect an individual’s civil rights and bodily autonomy

What are the four elements of common law battery, and how is each element assessed?

1. A VOLUNTARY ACT assessed subjectively, look into mind of defendant)

2. INTENT (assessed subjectively, look into mind of defendant)

3. CAUSES CONTACT

4. HARM or OFFENSE (assessed objectively, reasonable person test)

1. What is a voluntary act?

2. What isn’t a voluntary act?

NOTE: Applies to both Battery and Assault

1. An external manifestation of will

2. Doesn’t include epileptic fits, convulsive acts, acts while asleep, or PURELY reflexive.

NOTE: grabbing someone’s arm while trying to catch balance is a voluntary act.

NOTE: Subjectively assessed

For a battery claim, what are the elements of Intent (Single-intent jurisdiction).

On what standard is it assessed?

1. Purpose to cause contact; OR Knowledge to a degree of substantial certainty that contact will occur

NOTE: Subjectively assessed

For a battery claim, what are the elements of Intent (Dual-intent jurisdiction)

1. Purpose to cause contact; OR Knowledge to a degree of substantial certainty that contact will occur;

2. Purpose OR knowledge to a degree of substantial certainty that contact will be harmful or offensive

NOTE: ONLY BATTERY HAS DUAL-INTENT ELEMENT OPTION

NOTE: Subjectively assessed

For Battery and Assault claims, what are the general principles of intent, regardless of jurisdiction? (What if harm is greater than foreseen, what if it’s a mistake, what if another tort was intended?)

1. You don’t need to foresee the specific harm/offense that results — you are responsible for harm that flows, even if greater than intended.

2. Mistake is no excuse unless induced by plaintiff

3. Transfer of intent applies

How can requisite contact element be fulfilled for a battery claim?

1. Direct - Person to person

2. Indirect - Defendant causes object to touch plaintiff (including smoke)

3. Physical contact - Contacting clothing or object closely identified with body (purse snatching or hitting horse with someone on it)

For a battery claim, what is considered a harm?

“Harm” is any physical impairment of the condition of another (doesn’t include emotions absent physical impairment)

For a battery claim, what is considered Offense?

What a reasonable person would think affects their sense of personal dignity. We look to general societal consensus at time and place. (Undue sensitivity doesn’t count unless defendant already knows this)

Is knowledge or consciousness required for a battery claim?

No. Consider attacking while asleep or doctor operating while under anasthesia.

Can disabled persons or children be liable for intentional torts?

Yes, if intent can be established (depends on jurisdiction, however.)

What are the elements of a common law assault, and how is each element assessed?

1. A VOLUNTARY ACT assessed subjectively, look into mind of defendant)

2. INTENT (assessed subjectively, look into mind of defendant)

3. CAUSES APPREHENSION (assessed objectively)

4. IMMINENT BATTERY

For common law assault, what are the elements of Intent? On what standard is it assessed?

1. Purpose to cause apprehension of an imminent battery; OR Knowledge to a degree of substantial certainty that apprehension of an imminent battery will occur.

NOTE: Subjectively assessed

For common law Assault, how is requisite element for apprehension of an imminent battery fulfilled?

1. 
   

1. Objective — whether it is reasonable under the circumstances to apprehend the battery

2. Apprehension is required (NOT the same as fear)

3. To anticipate requires you to be aware of the imminent battery, therefore you must be conscious.

4. Plaintiff’s timidity is not considered unless defendant knows this already.

For assault, how do we know if a battery is imminent?

1. Defendant must have a present, apparent ability to commit the battery.

2. General Rule: Words alone is not enough, overt act is required. (Grabbing holster over and over)

3. Conditional threats usually take away threat of imminent battery. (If you don’t leave Sandy alone I’m gonna jump astraddle of you)