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Studying Intentional Torts - Tort Law - Lecture Notes, Study notes of Law

These are the lecture notes of Law. Key important points are: Studying Intentional Torts, Governs Intentional Actions, Members of Society, Intentional Tort Theories, Situations, Defenses, Intentional Torts and Negligence, Knowledge Objectives, Skills Objective, Attitude Objectives

Typology: Study notes

2012/2013

Uploaded on 01/24/2013

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Lesson Topic: Model Lesson Plan - Torts: Intentional Torts

I. GOALS: Studying intentional torts helps students:

A. Understand the law that governs intentional actions against others.

B. Understand that they may be liable for inflicting harm on members of society.

C. Understand that there may be situations where defenses may be raised against

claims under intentional tort theories.

D. Recognize that there are distinctions between intentional torts and negligence.

II. OBJECTIVES:

A. Knowledge Objectives – As a result of this class, student will be better able to:

1. Recognize the difference between civil and criminal wrongs.

2. Understand the elements of common intentional torts and the defenses

available.

3. Understand the factors that courts consider when determining whether an

intentional tort was committed.

B. Skills Objective – As a result of this class, students will be better able to:

1. Apply the elements of intentional torts to everyday factual situations.

2. Become better advocates by formulating and articulating clear and concise

arguments on debatable issues.

3. Avoid situations in which their actions could give rise to liability.

C. Attitude Objectives – Students will be better able to feel:

1. That there is no bright line rule for determining intent.

2. That intentional conduct can give rise to substantial liability.

3. That the safest course of action is often to avoid situations where one’s

actions are likely to cause harm by showing restraint.

III. CLASSROOM METHODS

A. Introduction – Brief Lecture with Q &A:

1. Inform the class that today we’re going to talk about intentional torts.

2. Remind students that torts, as a general category, are civil wrongs recognized

by the law as grounds for a lawsuit. Such wrongs result in an injury or harm

constituting the basis for a claim by the injured party.

3. Ask students to recall the primary aim of tort law as previously discussed in

the context of negligence and in their readings.

a. Answer: the primary aim of tort law is to provide monetary relief for

the damages incurred by the injured party.

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Lesson Topic: Model Lesson Plan - Torts: Intentional Torts

I. GOALS: Studying intentional torts helps students:

A. Understand the law that governs intentional actions against others. B. Understand that they may be liable for inflicting harm on members of society. C. Understand that there may be situations where defenses may be raised against claims under intentional tort theories. D. Recognize that there are distinctions between intentional torts and negligence.

II. OBJECTIVES:

A. Knowledge Objectives – As a result of this class, student will be better able to:

Recognize the difference between civil and criminal wrongs.
Understand the elements of common intentional torts and the defenses available.
Understand the factors that courts consider when determining whether an intentional tort was committed.

B. Skills Objective – As a result of this class, students will be better able to:

Apply the elements of intentional torts to everyday factual situations.
Become better advocates by formulating and articulating clear and concise arguments on debatable issues.
Avoid situations in which their actions could give rise to liability.

C. Attitude Objectives – Students will be better able to feel:

That there is no bright line rule for determining intent.
That intentional conduct can give rise to substantial liability.
That the safest course of action is often to avoid situations where one’s actions are likely to cause harm by showing restraint.

III. CLASSROOM METHODS

A. Introduction – Brief Lecture with Q &A:

Inform the class that today we’re going to talk about intentional torts.
Remind students that torts, as a general category, are civil wrongs recognized by the law as grounds for a lawsuit. Such wrongs result in an injury or harm constituting the basis for a claim by the injured party.
Ask students to recall the primary aim of tort law as previously discussed in the context of negligence and in their readings. a. Answer: the primary aim of tort law is to provide monetary relief for the damages incurred by the injured party.

Ask students to recall the types of damages that may be recovered – e.g.: a. Damage to property. b. Loss of earnings capacity. c. Pain and suffering. d. Reasonable medical expenses.
Recap that we’ve spent prior class sessions talking about the concept of negligence and how to measure damages resulting from negligent conduct, as discussed in their readings, with a focus on the requirement of foreseeability. We’ve also discussed the difference between criminal wrongs, which are prosecuted by the state on behalf of both particular people and society at large, and torts, which by contrast are civil wrongs committed against individuals, where the person suing is almost always the person harmed – unless a family member is suing on the injured person’s behalf, which is also usually allowed.
Remind students that there are three different basic types of torts: Negligence, Intentional Torts, and Strict Liability. We have already covered negligence in detail and today will be focusing on intentional torts.

B. Review Basic Elements of a Tort (Negligence):

Display overhead explaining the elements of negligence: a. Duty : The defendant owed the plaintiff a duty of care. The duty of care owed is determined by a reasonable person standard. A reasonable person would consider: (1) the burden of taking precautions; (2) the likelihood of harm; and (3) the seriousness of the harm likely to be caused. b. Breach : The defendant’s conduct violated that duty (the defendant did not act reasonably). c. Causation : The defendant’s conduct caused the plaintiff’s harm: i. Cause in fact = actual cause. ii. Proximate cause = harm was foreseeable. d. Damages : The plaintiff suffered actual damages. i. Tort law is concerned with restoring the plaintiff to his or her position, had the injury not occurred.
With the still overhead up, reiterate that there are four basic elements to a negligence action: (1) a duty owned to another person; (2) a breach of that duty, either by doing something or failing to do something; (3) and damages to the other person; (4) that are proximately caused by the breach of duty.

C. Intentional Torts – Brief Lecture with Q & A:

Ask students to recall the basic concept underlying all negligence claims. a. Answer: negligent claims arise when a defendant's actions were unreasonably unsafe.
By contrast, intentional torts occur where the defendant: a. Intended the physical consequences of his or her act; and

the result of reasonable force exerted by the police to effect a lawful arrest will not be able to sustain a lawsuit against the arresting officers for assault or battery. iii. Self-Defense:

A person who is assaulted may use such reasonable force as may be necessary, or which at the time reasonably appeared to be necessary, to protect himself from bodily harm. An act of self-defense must be proportionate to the threat. iv. Voluntary (Mutual) Combat:
Where the plaintiff voluntarily engages in a fight with defendant for the sake of fighting and not as a means of self-defense, the plaintiff may not recover for an assault or battery unless the defendant beats the plaintiff excessively or uses unreasonable force. v. Defense of Property:
Many jurisdictions allow the use of some amount of threat or force by a person who is seeking to protect his or her own property from theft or damage. However, there is no privilege to use force that may cause death or serious injury against trespassers unless the trespasser threatens death or serious injury. vi. Provocation:
Words alone, no matter how insulting or provocative, do not justify an assault or battery against the person who utters the words. d. False Imprisonment: i. Definition:
When the defendant intentionally confines the plaintiff, either physically or by overcoming the plaintiff’s will, to a definable area from which there is no reasonably apparent means of escape. e. Intentional Infliction of Emotional Distress: i. Definition (elements):
The defendant must act intentionally or recklessly.
The defendant's conduct must be extreme and outrageous.
The conduct must be the cause of severe emotional distress. ii. No precise definition, but conduct must be "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. The defendant's conduct must be more than malicious and

intentional; and liability does not extend to mere insults, indignities, threats, annoyances, or petty oppressions.

C. Class activity (approximately 30 minutes):

Explain that with this activity, every student will be speaking in front of the class to practice their advocacy skills.
Explain that each student will be given a scenario, and will have to argue for either the plaintiff or the defendant. a. Students will need to prepare a one minute argument that they will present to the class. b. The argument must detail why their side should prevail under an intentional tort standard. c. Students arguing for the plaintiff must say how the elements of a relevant intentional tort are met. d. Students arguing for the defendant must argue why the elements of an intentional tort have not been met and/or a relevant defense.
Explain that the class will be the judge, and that each class member will vote for the plaintiff or the defendant. We will then inform them of how a court would likely or actually did rule in each case. If the class gets a majority of predicted or actual outcomes right under the proper legal theory or defense, then we won’t have a quiz on this material. Otherwise, we will have a quiz on this material in two weeks.
Pass out scenarios (there will be 11 scenarios, since we have 22 in our class; each student will be arguing something different, and will have to prepare on their own) and legal standards handout.
Give students 5 minutes to prepare their arguments silently on their own.
Call the 2 students who are the plaintiff and defendant for scenario 1 up to the front of the class. Put the scenario up on the overhead, read it for the class, and then ask the students to present their arguments: plaintiff first, then defendant.
After each student has presented, ask the class to vote, for either plaintiff or defendant. Tally votes, and see who wins.
Then, read the predicted result of the case (see Predicted/ Actual Scenario sheet, Teacher Copy), to determine whether the majority of the class voted correctly. Keep a running tally on the board. Remind them again that they will need to get a majority of the cases right to avoid having a quiz on the material.
Repeat steps 7 through 9 for remaining scenarios.

C. Debrief : a. Ask the students if there are any other points they want to make or questions that they have. b. Remind students that we will be practicing oral advocacy skills in preparation for mock trial.

Studying Intentional Torts - Tort Law - Lecture Notes, Study notes of Law

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Elements of Negligence

Duty : The defendant owed the plaintiff a duty to

act reasonably. A reasonable person would

consider (1) the burden of taking precautions;

(2) the likelihood of harm; and (3) the

seriousness of the harm.

Breach : The defendant’s conduct violated that

duty (the defendant did not act reasonably).

Causation : The harm would not have occurred

without the defendant’s actions. Requires proof

of “Cause in Fact” and that the harm was

foreseeable (“Proximate Cause”).

Damages : The plaintiff suffered actual

damages (medical costs, lost wages, pain and

suffering, etc.).

Intentional Torts

Intentional torts occur where a defendant:

(1) Intended the physical consequences of his or

her action; and

(2) Knew, or should have known, that the

intended consequences of his or her action

were substantially certain to occur.

Battery

The willful or intentional touching of a person

against that person’s will by another person, or

by an object or substance put in motion by that

other person.

Offensive touching can constitute battery even if

it does not cause injury, and even if it could not

reasonably be expected to cause injury.

Defenses to Assault and Battery

Consent: Where a defendant has the plaintiff's

consent to commit an act of assault or battery,

the plaintiff may not later bring a lawsuit. In

sports, injuries that result from rule violations

that are part of ordinary play are unlikely to

support a legal action.

Police Conduct : A police officer is privileged

to apply the threat of force, or if necessary to

apply actual force, in order to make a lawful

arrest. A defendant who suffers injury as the

result of reasonable force exerted by the police

to make a lawful arrest will not be able to

sustain a lawsuit against the arresting officers

for assault or battery.

Self-Defense : A person can use such reasonable

force as may be necessary, or which reasonably

appears to be necessary, to protect himself from

bodily harm. An act of self-defense must be

proportionate to the threat.

False Imprisonment

When the defendant intentionally confines the

plaintiff, either physically or by overcoming the

plaintiff’s will, to a definable area from which

there is no reasonably apparent means of escape.

Intentional Infliction of Emotional Distress

The defendant’s actions must be: (1) intentional

or reckless; (2) extreme and outrageous; and (3)

the cause of severe emotional distress.

Conduct must be "so outrageous in character,

and so extreme in degree, as to go beyond all

possible bounds of decency, and to be regarded

as atrocious, and utterly intolerable in a civilized

community.”

Thus, a defendant's conduct must be more than

malicious and intentional; such that liability

does not extend to mere insults, indignities,

threats, annoyances, or petty oppressions.

Scenario 2

Fred (defendant) emphatically pokes Steve

(plaintiff) in the chest with his index finger to

emphasize a point during an argument.

Scenario 3

Joe (defendant), reasonably believing that Tyler

(plaintiff) is going to spit in his face, firmly

pushes Tyler away, causing Tyler to fall to the