Intentional Torts. “Intended” Private Wrongs. OBE 118, Section 10, Fall 2004 Professor McKinsey. Understanding Torts. Torts are private wrongs Torts have elements that essentially must be memorized Definitions often contain the elements.
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“Intended” Private Wrongs
OBE 118, Section 10, Fall 2004
Injury? – To reputation by exposing to hatred, ridicule or contempt
(getting someone to breach a contract)
(getting someone to drop out of a probable or existing business relationship with another)
Two basic categories of damages
Traditional “Common Law” Torts
Duty of care
Breach of the duty of care
Injury (Actual cause)
Is it fair to say the act was the cause?
A separate event between defendants act and plaintiff’s injury
The thing speaks for itself –
An act that is “automatically” negligence
Must warn of human-made risks not likely to discover
No traps or spring guns
Young children are exception
High duty of care
Did Actor Intend Act or the Harm that resulted from the act?
Would a Reasonable Person Do the act that caused the harm?
Did an injury occur?
(Based on the Restatement (2nd) of Torts)
1. D sold product in defective condition
2. D normally in business of selling product
3. Product unreasonably dangerous*
4. P suffers physical harm through use of product
5. Defective condition is proximate cause
6. No substantial changes to product since sold
3 General Ways a Product can be Defective
1) Actual defect (flaw in manufacturing).
Product not built as intended.
2) Design defect.
Product built as designed, design had defect.
3) Failure to warn.
A different approach usually used when product had dangers inherent to purpose or type of product.
Elements! (and don’t forget how intent works)
Special situations (Neg per se, res ipsa loquitor, premises liability
Defenses and Liability (Assumed the risk, Comparative neg, JSL)
Law versus Ethics, what law is
Authority of law
Constitution and Governmental Organization
Legislative versus Judicative versus Administrative
Federal versus State
Courts versus ADR versus Agency proceedings