Torts

Front 1

Cohen v Smith

Back 1

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

Front 2

Perkins v Lavin

Back 2

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

Front 3

Younts v St. Francis Hospital

Back 3

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.

Front 4

Rule of 7s

Back 4

Under 7 = No cap
7-14 = rebuttable presumption no cap
14-21 = rebuttable presumption of cap

Front 5

Shine v Vega

Back 5

ER exception DN subsume pts r to refuse treatment & CN override refusal when pt capable of providing consent

Front 6

Intentional Tort

Back 6

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

Front 7

Affirmative Defenses to Intentional Tort

Back 7

1. Consent
2. Strict Liability
3. Self-Help (Self Defense/Defense of Property)

Front 8

Strict Liability

Back 8

1. Act by D
2. CF
3. Harm to P

Front 9

Transferred Intent

Back 9

D acts in such a way that the intended injury would be actionable is liable for all direct consequences e/t not intended

Front 10

Hall v McBryde

Back 10

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

Front 11

American Ins Co v Saulnier

Back 11

D threw glass bottle D threw glass b ottle D 3rd party to scare her and accidentally hit P in head liability insurance accessible

Front 12

Minors Intentional Torts

Back 12

Parents are not normally liable for offsprings intentional torts except when Statute. Child test subjective

Front 13

Baldinger v Banks

Back 13

D 6 yr old pushed child to make her leave D knew & intended offensive battery compensatory damages for arm

Front 14

Double Transfer

Back 14

D intends to commit one intentional tort on X but commits a different tort on Y

Front 15

Insane People

Back 15

Liable for intentional torts as long as P proves the actor intended offensive/harmful consequences

Front 16

Insane

Back 16

Policy--when 1/of 2 innocent people must suffer a loss, it should be borne by the one who occasioned it

Front 17

Williams v Kearby

Back 17

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

Front 18

Yancy v Maestri

Back 18

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

Front 19

White v Muniz

Back 19

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

Front 20

Offensive Contact

Back 20

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

Front 21

Is causing actual physical harm an element of B?

Back 21

No

Front 22

Harmful Contact

Back 22

1. HC--immediate physical impairment of P's body--use obj evidence to prove DN need to prove D knew @ time

Front 23

Offensive Contact

Back 23

Actual touching that offends a reasonable sense of personal dignity Paul v Holbrook

Front 24

Elements of OC

Back 24

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

Front 25

Cause in Fact

Back 25

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

Front 26

Proximate Cause for intentional torts

Back 26

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)

Front 27

Nominal damages

Back 27

Awarded to vindicate P's legal interest, Available in all cases that derive from writ of trespass, May support punis

Front 28

Puntive damages

Back 28

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

Front 29

Jacque v Steenberg

Back 29

Exception to WI rule punis needed to deter trespass e/t no actual harm to land

Front 30

Comp damages

Back 30

1. Designed to make P whole
2. Available if physical or non-physical harm est
3. Measured by ref to harm to P