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30 Cards in this Set

  • Front
  • Back
Cohen v Smith
Orthodox Jewish c sec b/c of religion req S. not see/touch unclothed RS B = intend to cause H/OC w/other 3/rd p or an imminent apprehension of such C & HC directly/indirectly results OC when offensive contact offends a reasonable sense of personal dignity
Perkins v Lavin
Jehovah's witness no blood OB where exceed scope of conditional consent B - H/OC inc intentional contact meant to assist if unauthorized. Conditional Consent fam blood 1) consent was conditional 2)intentionally violated 3) Harm
Younts v St. Francis Hospital
17 yr old consented to fix finger mother unconscious. Implied in fact consent parent MN be nec where mature minor knowingly consents. Exception to rule minor CN consent where mature minor understands nature & consequences of proced.
Rule of 7s
Under 7 = No cap
7-14 = rebuttable presumption no cap
14-21 = rebuttable presumption of cap
Shine v Vega
ER exception DN subsume pts r to refuse treatment & CN override refusal when pt capable of providing consent
Intentional Tort
1. Act by Defendant
2. Intent P & K (TI)
3. CF--PC irrelevant A,B,FI only matters what damages actually result
4. Harm--Nominal/Punitive Damages
5. CF
6. Actual Harm
Compensative Damages
Affirmative Defenses to Intentional Tort
1. Consent
2. Strict Liability
3. Self-Help (Self Defense/Defense of Property)
Strict Liability
1. Act by D
2. CF
3. Harm to P
Transferred Intent
D acts in such a way that the intended injury would be actionable is liable for all direct consequences e/t not intended
Hall v McBryde
TI D act self defense intend to assault t/f liable to 3rd party for Battery if act done w/intention of inflicting offensive but not harmful contact
American Ins Co v Saulnier
D threw glass bottle D threw glass b ottle D 3rd party to scare her and accidentally hit P in head liability insurance accessible
Minors Intentional Torts
Parents are not normally liable for offsprings intentional torts except when Statute. Child test subjective
Baldinger v Banks
D 6 yr old pushed child to make her leave D knew & intended offensive battery compensatory damages for arm
Double Transfer
D intends to commit one intentional tort on X but commits a different tort on Y
Insane People
Liable for intentional torts as long as P proves the actor intended offensive/harmful consequences
Policy--when 1/of 2 innocent people must suffer a loss, it should be borne by the one who occasioned it
Williams v Kearby
KS 98 D shot several people @ school during a brief reactive psychosis liable for B. Insane can act intentionally e/t reasions are irrational. Social policy. Insane DN prevent finding of intention
Yancy v Maestri
immunity from tort liab for Alzheimer's pt in institution. Family already done all they can. Most sts DN allow punis for insane b/c no deterrence h/w can recover comp
White v Muniz
Alzheimer's pt struck nurse no liab b/c D mind rendered unable to form intent to cause H/OC. Exception to no immunity for insane. Colorado
Offensive Contact
Offends a reasonable sense of personal dignity. The D is liable not only for contacts which do actual physical harm but also for those relativley trivial onew which are merely offensive/insulting
Is causing actual physical harm an element of B?
Harmful Contact
1. HC--immediate physical impairment of P's body--use obj evidence to prove DN need to prove D knew @ time
Offensive Contact
Actual touching that offends a reasonable sense of personal dignity Paul v Holbrook
Elements of OC
1. Must be offensive to a reeasonable, not overly sensitive person's dignity
2. The touching is unwarranted by the social usages prevalent @ time/place of C
3. P DN need to be aware of the offensiveness of the contact @ time it occurred (unconscious) Perkins
Cause in Fact
1. But for
2. Substantial Factor: if D act is a SF in bringing @ C then CF has been shown. DN need to be sole cause of C
Proximate Cause for intentional torts
Intentional tort-feasors are liable for almost all consequences of their actions, regardless of whether foreseeable @ time of the comission of the tort (D can use foresee defense)
Nominal damages
Awarded to vindicate P's legal interest, Available in all cases that derive from writ of trespass, May support punis
Puntive damages
1. Awarded to punish past misconduct & deter
2. Available for malice. (P/K)
3. Assessed by ref of egregiousness of D's misconduct @ amt of D's wealth
4. Some jurisdictions only allow punis w/comps WI
Jacque v Steenberg
Exception to WI rule punis needed to deter trespass e/t no actual harm to land
Comp damages
1. Designed to make P whole
2. Available if physical or non-physical harm est
3. Measured by ref to harm to P