Torts Outline Essay

Submitted By tgoodwyn
Words: 5000
Pages: 20

Torts Outline #1
Thomas Goodwyn
30 November 2012

Battery – § 18(1) Intentionally (2) harmful or offensive contact (3) causation
Harmful contact – causes physical damage or injury
Offensive contact – it offends a reasonable sense of personal dignity
Physical Contact to person isn’t required Anything connected to the P’s person is viewed as part of the P’s person Morgan v. Loyacomo alleged shoplifter- contact with P’s body not required=L Leichtman v. Madden radio smoke- contact with D’s body not required=L
Causation- D is liable for not only direct contact, but also indirect contact (chain of force)
Apprehension and actual damages are not necessary/required
-Transferred intent – A’s intentions toward B are combined with the harmful contact with C to create a battery.
Vosberg- class knee kicker=L, Knight- football- expected contact=NL, Polmatier- epileptic son=NL

Assault § 21
(1) Intentional causing of an (2) imminent apprehension of (3) a harmful or offensive contact
Reasonable person test
Apprehension – expectation, knowledge of act required but not D’s identity
Causation – P’s apprehension must have been legally caused by D’s act or something set in motion
Transferred Intent if an individual intends to commit a battery, but they end up committing an assault instead (because contact does not occur) the intent is transferred and they are liable for assault
No requirement of damages
Brower-threatening calls= NL, Bennight-bats=L, Langford-mongoose prank=L, Newell-blind piano teacher=L

Outrage/IIED § 46
(1) Extreme and outrageous conduct (2) intentionally or recklessly causes (3) emotional distress & if bodily harm is resulted from it (3rd party as well)
Something no reasonable person should endure
Liability limited by requiring proof of outrageous conduct
Special Relationship Situations or Known Sensitivity
Actual damages required
Roberts- Doctor insults patient=NL, Greer­-substitute dr abuse=L, Muratore-cruise photo=L, Pemberton- union official affair exposed=NL, Murray- DJ dog of the week=L

Trespass to land
An (1) intentional act of (2) physical invasion of P’s real property
Physical invasion to protect the interest of exclusive possession
Intent required: intent to enter onto the land but not trespass is sufficient
-Liability for Intentional Intrusions of Land § 158:(a) enters land in possession of another, or causes a thing or third person to do so, (b) remains on the land, and/or (c) fails to remove from the land a thing that he is responsible for
-Real Property
Intentional interference with the owner of possessor’s right to: Trespass to Land: Exclusive ownership/possession of land= Nuisance: Use or enjoyment of land
-Personal Property
Intentional interference with the right of ownership/possession of personal property
Malouf- golf balls unintentionally, Pegg- trespassing hounds

Intrusions under Mistake § 164
A person is liable to trespassing unless he/she: (a) is in possession of the land, or entitled to it (b) has the consent of the possessor or of a third person who has the power to give consent on the possessor’s behalf (c) has some other privilege to enter or remain on the land no matter if the trespasser mistakenly enters the land
-Non-liability for Accidental Intrusions § 166
A trespasser that is engaged in an abnormally dangerous activity is not liable

Conversion §222A
An intentional act by D interfering with P’s right of possession in the chattel that is serious enough in nature or consequence to warrant that D pay the full value of the chattel
Factors §222A(2): (1) extent & duration of dispossession (2) actor’s intent (3) actor’s good/bad faith (4) extent & duration of the resulting interference (5) harm done to the chattel (6) inconvenience & expense caused to the other
Conversion by Destruction or Alteration § 226

Trespass to Chattel
An (1) intentional (2) interference with owner’s rights of possession or use of chattel