Intentional Torts Flashcards
intentional infliction of harmful or offensive CONTACT with a person
Battery
intentional infliction of APPREHENSION(fear) of imminent harmful or offensive contact
Assault
actor desires to cause consequence of act (has purpose/knows outcome)
Intent
What tort is spitting in someone’s face?
Battery; not necessarily harmful but offensive
What tort is kicking someone’s chair out from under them?
Battery; not touching person but still intentional infliction to cause harm “Garrett v Dailey”
What tort is a wrongful/unlawful or the result of negligence?
Assault; “Mohr v. Williams”- ear surgeon
Doctor’s operation was not negligent but wrongful because there was no consent from PL
every person has a right to own person, no one is allowed to touch them without their CONSENT
1 Jaggard Torts
Term for hypo: Marks owns exotic animal(alligator, Tiger, Lion, etc) and it attacks someone. What does Marks have for owning animal?`
Strict Liability
knowing outcome of action
substantial certainty
Two causes for Intent
purpose OR substantial certainty
(goal, agenda, mission)
purpose
keep community safe, greater good for society
Utilitarian Approach
focus on correcting wrong between Plaintiff and Defendant
Corrective Justice
Tort that does not require skin to skin contact(example?)
Indirect Battery
( kick crutches out from person, hit hat off someone, slap plate out of person’s hand)
What tort?
P1 intends to hit P2 but hits P3 instead
Is P1 liable?
Transferred Intent:
Yes P1 is liable to P3
