t o r t s o u t l i n e- n y u schoolof law（t o r t s o u l n e - n y u法律学院）.docVIP

Torts Outline I. Tort Law TORT: To commit a tort is to act in a manner that is wrongful and injurious toward another. Tort law articulates the legal responsibilities or duties that persons owe one another, and provides victims of conduct breaching those duties with redress. 3 kinds of torts: Intentional Torts: Intentional invasion of person or property. Fault + intent. Nonintentional Torts: Negligence: Fault. Strict Liability: No fault. FRAMEWORK Prima facie case: Has a prima facie case been made for the tort? BATTERY CONTACT: Volitional act INTENTION: Intending to cause harmful or offensive contact CONSENT: Contact was non-consensual. CAUSATION: The act actually and proximately causes the contact ASSAULT ACT INTENTION: Intending to cause another the apprehension of imminent harmful or offensive contact CAUSATION: The act reasonably causes this apprehension in another NEGLIGENCE INJURY DUTY BREACH CAUSATION STRICT LIABILITY PRODUCTS LIABILITY P must suffer an injury. D must be selling a product. (NOT sale of services) D must be a commercial seller. When D sold the product, the product must have been defective. The defect must have been the actual and proximate cause of P’s injury. (If negligence) Defenses: What defenses justifications can D raise? COMPARATIVE RESPONSIBILITY ASSUMPTION OF RISK Damages: What damages are applicable? NOMINAL COMPENSATORY PUNITIVE II. Intentional Torts BATTERY: Intentional infliction of harmful bodily contact upon another. Elements of Battery (Prima facie case) Volitional act INTENTION: Intending to cause Harmful or offensive contact CONSENT: Contact was non-consensual. CAUSATION: The act actually and proximately causes the contact Harmful or offensive contact RS(2) 13. Battery: Harmful Contact. An actor is subject to liability to another for battery if he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a cont