Bedoya 1 T

Notes

Bedoya 1 TORTS OUTLINE I. First Principles Definition of a tort: various ways in which a person can interfere with another’s rights for which they can get compensation ● Contingent fee, settlement, or judgement: what a lawyer will recover from the case ● Act → fault → causation → injury Objective: for the person who was harmed to recover damages, usually in the form of money II. Intentional Torts Examples: battery, IIED, fraud, defamation, false imprisonment, etc. To prove an intentional tort, you must prove the element of intent: 1) purpose or 2) substantial certainty Need not prove both elements, only one “No contact is intentional if its not the result of a voluntary act” –Cohen v. Petty There is no injury necessary for intentional torts So long as you have the elements met, you have a cause of action Transferred intent: where the actor tries to batter one person and actually causes a harmful or offensive contact to another, she will be liable to the actual victim - The transferred intent fiction also allows recovery where the actor attempts one intentional tort but causes another Q: Why is Ranson v. Kitner not an example of transferred intent? A: Because he intended to hit th...