Summary: (18) Mbe: Torts

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• Torts

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• 5 Theories of Tort Liability: Main Groupings

  1. Intentional Torts (Intentional Torts to the Person; Intentional Torts to Property)
  2. Harm to Economic or Dignitary Affairs (Defamation; Invasion of Right to Privacy; Misrepresentation; Interference with Business Relations; Wrongful Institution of Legal Proceedings)
  3. Negligence 
  4. Strict Liability (Liability without fault). 
  5. Products Liability 

• General Terms: "General Damages" v. "Special Damages"

  Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are noneconomic damages such as pain and suffering and emotional distress.

• Theory #1: Intentional Torts (ITs) Generally: Prima Facie Case (3 Elements)

  1. Act by D (some volitional movement). 
  2. Intent (either general or specific)
  3. Causation 

• ITs Generally: For intent, must the actor intend the injury that results from his brining about the intended consequences?

  No. If D intentionally pushes P, who falls down and breaks his arm, D is liable for the injury, even though he did not intend for him to break his arm, b/c D intended to cause the contact that result in his injury.

• Intentional Torts: Doctrine of Transferred Intent - Limitations on Use of Transferred Intent

  Transferred intent may be invoked only if both (1) the tort intended and (2) the tort that results are one of the following:
  

  1. Assault
  2. Battery
  3. False Imprisonment 
  4. Trespass to land, OR
  5. Trespass to chattels 

• Intentional Torts: Element (3) Causation

  The result must have been legally caused by D's act or something set in motion by D. Causation is satisfied if D's conduct was a SUBSTANTIAL FACTOR in bringing about the injury. Typically not an issue.

• 4 Main International Torts to the Person

  1. Battery 
  2. Assault 
  3. False Imprisonment 
  4. Intentional Infliction of Emotional Distress 

• Battery Element (1): What is "Harmful" contact?

  Contact is harmful if it causes actual injury, pain, or disfigurement.

• Battery Element (1): What is "Offensive" Contact?

  Contact is "offensive" if it would be considered offensive to a reasonable person. . . Contact is offensive only if has not been permitted or consented to. However, consent will be IMPLIED for ordinary contacts of everyday life (minor bumping on crowded bus).

• Battery Element (1): What is "contact" (which must either be harmful or offensive.

  Contact can be DIRECT (striking P) or INDIRECT (setting a trap for P to fall into.