Law School Resources
Tort Law
INTENTIONAL TORTS AGAINST PERSONS & PROPERTY
PRIMA
FACIE CASE: DO YOU HAVE ELEMENTS OF A CASE?
1. PRIMA FACIE CASES
2. DEFENSES
3. DAMAGES
DUE CARE: CARE ESTABLISHED BY FACTS OR
CIRCUMSTANCES
I
INTENT
INTENT: P MUST PROVE INTENT
INTENT: STATE OF MIND PROVEN BY
1. AN ACT
2. ACT VOLUNTARY AND DELIBERATE
3. MUST KNOW WITH SUBSTANTIAL CERTAINTY
THAT CONSEQUENCES WILL RESULT
4. INJURY MUST RESULT
5. INJURY MUST BE DIRECT AND IMMEDIATE
INTENT OF CONSEQUENCES: DELIBERATE AND PURPOSEFUL
ACT. KNEW WITH SUBSTANTIAL CERTAINTY THAT
CONSEQUENCES WOULD RESULT FROM ACT.
STATE OF MIND: CERTAIN OR SUBSTANTIALLY CERTAIN OF
RESULTS SOF ACT
MOTIVE: WHY YOU FORM INTENT
SUBSTANTIAL CERTAINTY: WANTED OR DESIRED OUTCOME
ACT IS SWINGING: OUTCOME IS CONTACT
II
BATTERY: HARMFUL OR OFFENSIVE CONTACT INTENDED
BY D TO CAUSE
IMMEDIATE OFFENSIVE CONTACT OR
APPREHENSION IN P
JUDGED BY REASONABLE PERSON
STANDARD
A.
DEFINITION: The intentional infliction of harmful or
offensive bodily contact.
1. D intended to cause harmful or
offensive contact.
CAUSATION: RESULT LEGALLY CAUSED BY ACT.
HYPO- A swings at B and hits B.
2. D intended to cause imminent apprehension
of harmful or
offensive contact.
HYPO-A swings at B and intentionally misses
(assault suffices for battery).
C.
Must be harmful or offensive contact.
CONTACT INCLUDES CLOTHING-CANE-CHAIR-CONTACT WITH
THE PERSON
? OF FACT AS TO WHAT IS THE"PERSON"
MUST BE A PHYSICAL INVASION OF P'S PERSON
NO ACTUAL INJURY REQUIRED
D ONLY NEEDS TO SET IN MOTION THE FORCES THAT
RESULT IN CONTACT
HYPO-A spits at B. Contact is not
harmful. Reasonable person would find spitting
offensive. D commits battery.
D.
P need not be aware.
HYPO: A kisses sleeping B. D commits battery.
III ASSAULT
A.
DEFINITION: The intentional infliction of
apprehension of harmful or offensive contact.
B.
INTENT:
1. D intends to put P in imminent apprehension
of offensive or harmful contact.
HYPO-A threatens to hit B but has no intention
of doing so. D commits assault.
2. D intends in fact to commit offensive
or harmful contact.
HYPO-A swings at B's back. B turns and sees
punch coming and ducks. D commits assault.
D
COMMITS ASSAULT IF:
1. INTENDS TO COMMIT ASSAULT
OR
2. INTENDS TO COMMIT BATTERY.
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