Introduction to Torts
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Definition: a civil wrong
Categories:
o Intentional Torts
 Battery
 Assault
 False Imprisonment
 Infliction of Mental Distress
o Negligence
o Strict Liability
Goals of tort law: compensation, deterrence, social norms
Intentional Torts
I.
Intent
a. Meaning of Intent:
 Different definition of intent for each tort
 Must have intended to bring about some sort of effect on other person
b. No intent to harm:
 Intent is present even if defendant didn’t mean to harm
c. Substantial certainty (KWSC)
 If D knows with substantial certainty that an effect will occur, he is
deemed to have intended that result
 Example: Garratt v. Dailey
 D knew with substantial certainty that P would hit ground
 Highly likely is not substantial certainty
 If it is merely highly likely, not an intentional tort
 The act must be intentional or substantially certain, not the
consequences
 Vosburg v. Putney: he intended to cause the contact, but did not
intend the consequences
d. Transferred Intent
 If D had intent for person A, he is liable for intentional tort if any other
person is injured
Prima Facie Case: establishes a rebuttable presumption. Cause of action is sufficiently
established by evidence that a verdict could be ruled in P’s favor.
Battery
A. Definition: battery is the intentional infliction of a harmful or offensive bodily contact
B. Intent:
o Not necessary that D wants to harm P
o D has intent if either:
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D intended to cause harmful or offensive bodily contact or
D intended to cause an imminent apprehension
 (intent to commit an assault)
 Ex: shooting intending to miss, but wanting to scare P
C. Harmful or offensive contact
o Harmful: causes pain or bodily damage
 Physical or mental
o Offensive: to reasonable sense of dignity
 Offensive is harder to judge – depends on context
D. Contact beyond consent
o If D goes beyond consented-to level
o Especially in sports games or medical procedure