TORT (Purpose of Tort (Corrective justice, Distributive justice (allocate…
Purpose of Tort
Distributive justice (allocate risk)
Punitive damages to tortfeasor
Categories of torts
INTENTIONAL TORTS (Intent)
Tort against Person
An intentional unauthorized harmful or offensive physical contact
a. intent: ‘you’ don’t have to intent to ‘hurt’ sb.
b. ‘you’ should have known the result of the ‘action’
NO NEED TO KNOW THE BATTERY HAPPEN
E.g. Garratt v. Dailey case
Immediate threat of harmful or offensive contact
a. which means immediate threat of battery
b. is the idea that battery happens to ‘you’
NEED TO KNOW THE IMMEDIATE THREAT OF ‘BATTERY’ HAPPEN
e.g. pointing (water) gun to sb.
False Imprisonment 监禁
The intentional confinement监禁 or restraint控制 of a person without consent同意 or justification理由
e.g. Walmart - a woman
Language on the part of the defendant concerning the plaintiff is published and caused damage to the reputation of the plaintiff
Defamation changes to for public figures – the intent is specifically damage to the reputation of the public figures
"in my opinion" is protected by "freedom of speech"
Intentional Infliction of Emotional Distress (IIED)
More states require physical evidences
e.g. losing weight/ drinking a lot/ eating a lot etc.
Intent can be transferred between victims and between torts
E.g. A swings at B intending to frighten him. A actually hits C. A’s intent to commit assault on B is transferred to the battery on C. Result A commits battery on C.
Tort against the property
TRESPASS擅自进入 – INTERFERE干涉
(land, and property)
e.g. sb. take the computer for a week and turn it back to 'you'
CONVERSION转变 – DEPRIVE剥夺
e.g. sb. take the computer for a week and never get back to 'you'
Looking for 3 things
an ACT by the defendant
intent - SUBSTANTIAL CERTAINTY
CAUSATION - defendant conduct is substantial factor in injury
DEFENSES to Intentional Torts
Express or implied, need capacity, can’t exceed超过 consent
Reasonable belief, no retaliation报复, no retreat撤退, aggressor侵略者 can’t use (original aggressor can never use self defense as defense
Defense of others
Defense of property
(‘you’ can’t do life threatening injury just because of defending of property
ACCIDENTAL TORTS (Negligence)
What is Negligence
Negligence occur when the tortfeasor (defendant) neither wishes to bring about the consequences of the act, nor believes that they will occur
The omission to do something which a reasonable man would do, or doing something which a reasonable man would not do
If NO foreseeable risk is created, there is no negligence
Elements of Negligence
that the defendant owed a duty of care to the plaintiff
that the defendant breached that duty
that the plaintiff suffered a legally recognizable injury
that the defendant’s breach caused the plaintiff’s injury
STRICT LIABILITY (Without Fault)
What is Tort
a “civil” “noncriminal” wrong other than a breach of contract
a private or civil wrong in which the defendant’s actions cause injury to a person or to property