Acer Case Study
TORTS
Roger Schechter
[Korean Heritage revised by JWL 2007]
* MBE: 34Qs including equitable remedies.
INTRODUCTION
Includes bonus subjects:
Personal property;
No-fault insurance;
Workers compensation;
Equitable remedies.
Law: prevailing majority (common law) rule. In NY portion, the law of the state of NY.
But, NY tort law is not eccentric; basically similar to majority rule and distinction points are not important area.
INTENTIONAL TORTS
PRIMA FACIE CASE
To establish prima facie case of intentional tort, P must prove,
Act by D
Intent
INTENT: almost always presumed in MS Qs, so rarely tested.
Intent to do actual physical act.
Awareness with substantial certainty that the result is going to occur.
Transferred intent: If D sets out to commit an intentional tort against a particular person but a different tort results and/or different person is victimized, he is still liable for intentional tort.
[QE] Transferred intent may be invoked only where BOTH intended and resulting torts are: assault; battery; false imprisonment; trespass to land; or trespass to chattels. (Intent will be transferred both to person and to another tort.)
HYPER-(EXTREME) SENSITIVITY OF P: Ignored in deciding whether P has valid tort claims.
We can assume that P has ordinary, normal, reasonable, typical, average sensitivity. Judged by a reasonable person standard.
NO INCAPACITY IN INTENTIONAL TORTS – Incapacity is no defense.
Every D in MBE is capable of committing intentional tort.
Even 5 year old young children (Garrett v. Gerry), the drunk, insane, or mentally retarded, etc. anyone can be liable for their intentional tort.
INTENTIONAL TORT TO PERSON
* “Intent” and “Causation” are common elements for prima facie cases.
BATTERY:
2 elements: (1) a Harmful or Offensive Contact; (2) the contact with Plaintiffs