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Three bases of tort liability: 1 Negligence 2 Activities subject to strict liability 3 Intentional t

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Title: Three bases of tort liability: 1 Negligence 2 Activities subject to strict liability 3 Intentional t


1
Three bases of tort liability1)
Negligence2) Activities subject to strict
liability3) Intentional torts
2
Chapter 12 Intentional Harm
Intentional torts have names! Some of them are
Assault Battery False Imprisonment Trespass
to Land Trespass to Chattel Intentional
infliction of emotional distress
Fraud Defamation
The Trespass Torts
3
Chapter 12 Intentional Harm
The prima facie case for each falls into the same
pattern An Act done with the Intent to Cause
a prohibited Result, which then occurs.
4
The Restatement continuum
A person has acted
Negligently
Recklessly
Intentionally

If
The person knew of the risk and of an easy way to
avoid it conscious indifference
The person acted for the purpose of causing the
consequence or with knowledge that it was
substantially certain to occur
The person knew OR should have known that his or
her conduct created an unreasonable risk of harm
5
Garratt v. Dailey

Definition of battery Intentional infliction of
a harmful bodily contact upon another.
Definition of intent An act done for the
purpose of causing contact with the ground, or
An act done with the knowledge that it was
substantially certain the plaintiff would attempt
to sit down.
6
Definition of intent.
  • Restatement (Third) Liability for Physical Harm
  • A person acts with the intent to produce a
    consequence if
  • the person acts with the purpose of producing
    that consequence or
  • (b) the person acts knowing that the consequence
    is substantially certain to result.

7
  • Why intentional torts matter
  • Negligence generally requires that physical
    injury be foreseeable, and that a physical injury
    occur. Intentional torts may not. Example
    Vosburg v. Putney.
  • Negligence requires that a physical injury
    result. Intentional torts may protect interests
    other than the interest in being free from
    physical harm!
  • The statute of limitations may be different.
  • Some defenses may not apply contributory
    negligence, for example, or workers
    compensation.
  • It may be easier to recover punitive damages.

8
Assault Picard v. Barry Pontiac Buick, Inc. at
p. 892 An assault is a physical act of a
threatening nature or an offer of corporal injury
which puts an individual in reasonable fear of
imminent bodily harm.
9
Harry knows that Ron has a deathly fear of
spiders. As a practical joke, he dangles a
rubber spider over Rons head. While the spider
is obviously fake, Ron doesnt notice and is
frightened.
10
Assault Picard v. Barry Pontiac Buick, Inc. at
p. 892 An assault is a physical act of a
threatening nature or an offer of corporal injury
which puts an individual in reasonable fear of
imminent bodily harm. Restatement (Second)
Torts 21. Assault (1) An actor is subject to
liability to another for assault if (a) he acts
intending to cause a harmful or offensive contact
with the person of the other or a third person,
or an imminent apprehension of such a contact,
and (b) the other is thereby put in such
imminent apprehension.
11
Transferred Intent A shoots at B, misses him
altogether. B hears the shot and is frightened.
Did A assault B? A shoots at B, misses him and
hits C, who unknown to A was standing behind a
tree. Is A liable for battery to C? A shoots at
B, intending to frighten him. A aims at a rock
wall behind B. The shot causes an avalanche
which traps B, but does not harm him. Is a
liable for falsely imprisoning B? A shoots B,
causing him to be hospitalized. Because B could
not go to work, his employer, E., loses a
valuable contract. Is A liable for
intentionally injuring Es economic interests?
12
Battery Picard at 893 An act that was
intended to cause and in fact did cause an
offensive contact or unconsented touching or
trauma upon the body of another, thereby
resulting in the consummation of the
assault. An intent to injure plaintiff is
unnecessary in a situation in which a defendant
willfully sets in motion a force that in its
ordinary course causes the injury.
13
Battery Picard at 893 A wants to move a
boulder sitting on top of a hill on his property.
He pushes the boulder, which rolls down the hill
and hits B. Has A battered B? An intent to
injure plaintiff is unnecessary in a situation in
which a defendant willfully sets in motion a
force that in its ordinary course causes the
injury.
14
Rest. 2d Torts 13. Battery Harmful Contact An
actor is subject to liability to another for
battery if (a) he acts intending to cause a
harmful or offensive contact with the person of
the other or a third person, or an imminent
apprehension of such a contact, and (b) a
harmful contact with the person of the other
directly or indirectly results. 18. Battery
Offensive Contact (1) An actor is subject to
liability to another for battery if (a) he acts
intending to cause a harmful or offensive contact
with the person of the other or a third person,
or an imminent apprehension of such a contact,
and (b) an offensive contact with the person of
the other directly or indirectly results.
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