Torts Lecture Notes

August 19: Culpability Spectrum in Tort Law

Culpability Spectrum

• Ranges from fault-free conduct to intentional misconduct.
• Negligence and recklessness are mid-spectrum.

Liability

• Strict Liability: No culpability needed, only proof of causation.

Intended Harm: Intentional Torts

• Includes battery and assault.
  • Battery: Protects against harmful or offensive contact.
  • Assault: Protects against the apprehension of harmful or offensive contact.
• Willfulness: Key in establishing intent.
• Damages: Compensatory damages available.

Unintended Harm

• Negligence: Based on reasonable person standard.
  • Juries apply the standard to accident facts.
  • No punitive damages.
• Recklessness: More fault than negligence, less than intentional harm.
  • Requires proof of mental state.
• Strict Liability: No fault needed; focus on activity's danger.
  • Applicable to abnormally dangerous activities and product defects.

August 21: Case Briefs

White v. Muniz Case Brief

• Facts: Dementia patient struck a caregiver; intent questioned.
• Issue: Need proof of intent for harmful contact; mental incapacity's effect.
• Conclusion: Intent not proven; jury verdict favored defendant.

Villa v. Derouen Case Brief

• Facts: Horseplay led to burns; battery questioned.
• Issue: Offensive contact and intent.

August 26: Tort Cases and Analysis

Doe v. Johnson Case Brief

• Facts: HIV transmission via consensual sex without warning.
• Rule: Plaintiff must show defendant knew of substantial certainty.
• Conclusion: Motion to dismiss denied; substantial certainty shown.

Leichtman v. WLW Jacor Communications, Inc.

• Facts: Intentional blowing of smoke; claimed battery.
• Conclusion: Case remanded on battery claim.

August 28: Emotional Distress and False Imprisonment

Dickens v. Puryear Case Brief

• Facts: Plaintiff threatened with future harm.
• Rule: Future threats actionable under intentional distress.
• Conclusion: Not barred by statute of limitations for distress.

Brandon v. County of Richardson

• Facts: Negligence in protection leading to murder.
• Ruling: Negligence found; emotional distress addressed.

September 4: False Imprisonment and Confinement

Wal-Mart Stores v. Cockrell

• Facts: Suspected shoplifter detained and searched.
• Issue: Elements of false imprisonment and mental anguish.
• Conclusion: Verdict supported for false imprisonment.

September 9: Trespass

Creel v. Crim

• Facts: Trespass and tree cutting on another’s land.
• Conclusion: Trespass confirmed; indemnity adjusted.

Stukes v. Bachmeyer

• Rule: Trespass involves intentional entry without consent.

September 11: Trespass to Chattels and Conversion

United States v. Arora

• Facts: Destruction of research cells; conversion claim.
• Conclusion: Conversion found; damages awarded.

Spleenless in Seattle

• Rule: Conversion claims require ownership of the chattel.

September 16: Consent and Self-defense

Hogan v. Tavzel

• Facts: STD transmission without disclosure.
• Conclusion: Consent vitiated by fraud; battery claim valid.

Hellriegel v. Tholl

• Facts: Injury during horseplay.
• Conclusion: Consent to horseplay negates battery.

September 18/23: Defense of Property

Katko v. Briney

• Facts: Use of a spring gun to protect property.
• Conclusion: Force unreasonable; damages awarded to plaintiff.

Eilers v. Coy

• Facts: False imprisonment during deprogramming.
• Conclusion: Necessity defense failed; liability confirmed.

September 25: Review Problems

White v. Muniz and Others

• Key Focus: Elements of torts reviewed for consistency in application.

These notes cover key concepts and cases related to tort law, including intentional torts, negligence, strict liability, emotional distress, false imprisonment, trespass, conversion, and defenses such as consent and self-defense. The focus is on understanding the legal principles and how they are applied in various cases.