Torts Issue Statements

Front 1

Opening Argument

Back 1

The common law of torts protects the interests of those who have suffered harm.

Front 2

Statute of Limitations

Back 2

• The statute of limitations (SOL) for assault, battery, false imprisonment, defamation, and nuisance is two years. The statute of limitations for other torts including negligence, fraud, and personal injury is three years from the date of discovery, either actual or constructive.

Front 3

Intentional Torts

Back 3

• Intentional torts start with a voluntary act by ∆. There must be an intent by ∆ to do the act creating the harm. Intent to harm or motive to harm is not required. Only the intent to achieve the consequence that is a tort is necessary.

Front 4

Transferred Intent

Back 4

• Five torts - battery, assault, false imprisonment, trespass to land, and trespass to chattels, involve the “transferred intent” doctrine. If ∆ intends one of these five torts and accomplishes (instead of or in addition to) one or more of the other five, he will be liable for the others as if he actually intended them. Intent may be transferred between victims if the intended consequence is the same. Thus, the doctrine of transferred intent tends to expand ∆’s range of liability.

Front 5

Battery

Back 5

• Battery is an intentional harmful bodily contact of the π that is offensive to the reasonable person.

Front 6

Assault

Back 6

• Assault is an intentional unprivileged act resulting in π’s reasonable mental apprehension of an imminent harmful or offensive contact.

Front 7

Outrage

Back 7

• Outrage is ∆’s intentional extreme and outrageous conduct causing π to suffer severe emotional or mental distress that is manifested by objective symptoms.

Front 8

Negligence

Back 8

• In order for the π to make out a prima facie case of negligence, there must exist a legal duty to exercise reasonable care to that particular π, a breach of that duty, causation (“but for” and proximate), and resulting damages.

Front 9

Respondeat Superior

Back 9

• “Respondeat superior” agency vicarious liability to the employer applies if the agent’s tortuous act was within the course and scope and in the furtherance of the business, the function was inherently dangerous, or there was negligent hiring or supervision.

Front 10

Comparative fault and liability

Back 10

• Washington is a pure comparative fault state. Joint and several liability applies only where π is not partially at fault and injury is indivisible. If π is contributorily negligent, his recovery is reduced by his percentage of fault and he can recover from each other party a percentage equivalent to their relative degree of fault. If π is not contributorily negligent, he may seek the full amount of recovery against any liable party whom π has received a judgment against. Each party, then, has a right of contribution against any other liable party.

Front 11

Fraud

Back 11

• Fraud is a false statement of a material fact, intent by ∆ to mislead π, reliance by π both “in fact” and objectively reasonable that results in damages of the benefit of the bargain.

Front 12

Strict liability

Back 12

• Strict liability of ∆ applies to dangerous animals (no “one free bite” in WA), abnormally dangerous activities, and product liability arising from a defective new product sold by a merchant.

Front 13

Defamation

Back 13

• Defamation is an unprivileged false statement of fact concerning π, publicized to a third person (in understandable language) with a wrongful intention or at least negligence in exposing π to the hatred, contempt, ridicule, or disgrace which creates damages to π’s reputation and good name.