Intentional Torts to the Person and Property Intent
INTENT The Meaning of Intent ◘ Ways Plaintiff Can Establish Intent: 1. PURPOSE
--- An act of volition purposed to cause harmful/offensive contact
2. KNOWLEDGE TO A SUBSTANTIAL CERTAINTY THAT AN INVASION OF THE PROTECTED INTEREST WOULD OCCUR
---Garrett v. Dailey: Judge establishes knowledge of boy via timeline of event in pulling of chair out from under old lady.
3. TRANSFERRED INTENT
--- Transferred from victim to victim if both intention and invasion fall within one of the original trespass writ torts: battery, assault, false imprisonment, trespass to land, and trespass to chattels. --- Talmage v. Smith: Land owner throws rod at trespassing kids on shed and hits boy standing on ground by shed.
◘ Excluded Limits on Intentional Tort Claims 1. Age
---Garratt v. Dailey: Eight year old boy is liable for his tort.
2. Extended Consequences
--- “Extended consequences rule” : Actor is subject to liability for all resulting injuries even if they go beyond what a reasonable person would anticipate. --- Vosburg v. Putney: Kick in leg “lights up” infection.
3. Insanity --- McGuire v. Almy: Crazy lady wacks nurse with lowboy leg.
i. The Harm of Act: Intent to harm defined from perspective of a reasonable person in the plaintiff’s shoes. Vosburg v. Putney (schoolboy kick)
Outline 08-26-03
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