Torts

Torts, Contracts, Property; relationships between persons(incl's corporations). Criminal, Constitutional(about defining govt's power and limits).

A civil(non-criminal) wrong for which remedy is a payment of damages. Where you define rights and provide remedies (mostly $).

Study of extent to which plaintiff's losses  are shifted to shoulders of the person who caused the loss (or insurance compainies), by the law.

• Torts: duties are fixed by the law; duty is toward persons, generally.
• Contracts: duties fixed by parties, themselves; duty is toward specific person(s).

No civil injury is a tort if it's only a breach of trust or merely some equitable obligation. Torts is about what we can expect from each other as citizens.

• Appeasement
• Punishment/Condemnation (more than just compensation, law declaring youve done me wrong! mixed with morals. )
• Deterrence/Prevention (negigence is huge incentive for big companies)
• Protection
• Compensation (where does damage fall if it was an accident?)
• Distribution of losses (do we care who is best able to bear the loss?)
• Justice

General to all law based on precedent. This situation happens a lot: we allow this, then everyone who's run into this situation will claim damages and the court will be flooded by these cases.

Balance of probabilities.

• From Trespass: Assault, Battery, false imprisonment, trespass to land, trespass to chattel.
• Not from Trespass: Intentional Infliction of Mental Suffering, Violation of Privacy, Detinue, Conversion

• Defamation
• Negligence

• Action in trespass (writ of tresspass). It is the grandfather of most intentional torts. Major funciton was appeasement(no taking revenge). Morphed into assault, battery, false imprisonment, tresspass.
• Action on the case. Must show wrongful action (not necss. for trespass). Doesn't exist anymore but has mophed into IIMS, viol of privacy, defamation, negligence

• Interference with P's person or property by D.
• - Intereference itself is an injury: it's actionable without proof of damage.
• - Interference results in direct action by D.
• - D's action is intentional (or negligent).

• When it flows naturally without the need of an intervening actor (Klar)
• When it's an immediate consequence of a force set in action by D (Marine Underwriters)

• Accidental: Out of my control.Consequences not reasonably forseeable/preventable.
• Negligent: D ought to have reasonably forseen and avoided the result.
• Intentional: D either knows with substantial certainty or desires consequences of the act.
• - ***IIMS: separates negligent and recklessness.

Assault, battery, false imprisonment

Tresspass to land, trespass to chattels(goods)

• Battery: direct; D proves lack of intent or negligience; actionable per se; liable for all resulting harm.
• Negligence: May be indirect; P proves D was negligent; requires compensable damage: liable for only reasonable, forseeable harm.

• Basic: no proceedings after 2 years from day the claim was discovered.
• Assault/Sex assault: no limit if trespass to person(assault,batteru) was sexual, if domestic intimate/personal relationship, if there was financial/emotional/physical dependence from P on D.

• Trespass elements: Direct, Intentional (or negligent), (Extra: Actionable per se (w/o proof of harm) and D liable for all even if not forseeable or intended).
• + reasonable apprehension of a battery (i.e. reasonable apprehension of an offensive or harmful interference with one's person)

• Trespass Elements: Direct, Intentional (or negligent), (Extra: Actionable per se (w/o proof of harm) and D liable for all even if not forseeable or intended).
• + offensive or harmful interference/contact. Must be more than trivial (what's accepted in every day life).

• * Not a trespass-originated tort.
• outrageous or flagrant conduct.
• calculated to produce harm. (Reasonable person standard)
• Actually caused harm. Visible and provable illness.
• Most often in worklplace (harrassment), bullying at school try it, domestic abuse.

• * Not a trespass-originated tort
• Original suit instigated by D, and P won.
• Lack of reasonable or probably cause for suit.
• Malicious or improper purpose

• *Trespass Elements: Directly caused by D, Intentional (or negligent), (Extra: actionable per se (i.e. without proof of harm- onus on D to show justification); liable for all even if not intentional or forseeable).
• + phys or psych imprisonment/confinement (have to make "prison break"; no other options (that wouldn't cause embarrassment, for example); definable boudaries).

• Mistakenly leaving chattel on land (Turner)
• Mistaken cutting neighbour's grass (Basely)
• Going in open-to-public space for purpose other than what the space is used for (Burko)
• Letting another into a space that isn't yours ()