Torts

Claims requiring proof that a defendant acted with a specific intention, desire to harm, or knowledge that harm was a substantial result

Intentional Torts List

Assault, Battery, False Imprisonment, IIED

Negligence definition

claims requiring proof that defendant failed to exercise due care

Tort claims

Intentional torts, Negligence, Strict Liability

Strict liability

Claims that do not require proof of intention or lack of due care

Purpose Intent

D acts with the purpose of producing a consequence.

purpose to harm = intentional even if harm not substantially certain to occur

Knowledge Intent

knowing or believing that the consequence is substantially certain to result

Rest3d Torts-PEH §1

A person acts with the intent to produce a consequence if:

Person acts with the purpose of producing the consequence; OR

The person acts knowing that the consequence is substantially certain to result.

Disjunctive Test:

Explicitly separates purposeful harm from substantial certainty

Subjective Test:

What the particular Defendant in fact desired/believed

Intended contact occurs = intent to harm

If defendant acts with intent to cause contact, it doesn’t matter that probability of harm or offense is low.

Volitional act ≠ intentional act

D gets off bus, bumps into P

-deliberate act

-not act for purpose of causing harmful/offensive contact

D pushes P to get out of way

-intentional offensive contact

Dual intent:

Intent to contact plus intent to harm/offend
EX: Punching some one intentionally

Single intent:

Intent to contact
EX: Tapping someone to get their attention

How do you prove a defendants intent?

-Prove intent circumstantially:

-intent inferred from conduct

-Objective evidence to prove state of mind

-Defendant presumed to have intended natural and probable consequences

-Infer Defendant’s intent from knowledge

-Fact-finder has to determine defendant’s subjective state of mind based on objective external facts

Motive is ______ to issue of intent

irrelevant

Diminished Capacity

Children: may be liable for intentional torts even if incapable of negligence

Adults with diminished capacity:
Liable for intentional torts
Insanity may prevent specific kind of intent necessary for certain torts