Intentional Infliction of mental or physical harm: the scope of liability
-Liability- what the court decides in a private law action. In this situation the
court assesses fault and decides whether damages are awarded liability
differs from a finding of guilt, which is the determination that a judge must
make before a wrongdoer can be convicted in criminal law
The Standard in intentional Conduct vs. The standard in negligence
-Line drawn between a standard to be employed with torts of negligence and
standard to be employed with intentional torts.
-Concept of foreseeability would while integral to a tort of negligence would
unfairly diminish the prospects for a plaintiff recovery in cases involving an
-For intentional torts it’s sufficient that the defendant intended harm.
Defenses to Intentional Tort
- Defenses to claims of damages from intentional tort include consent self-
defense defense of property necessity and legal authority - -Person might intrude upon or damage another person or another persons
property in order to avoid a physically threatening event the defense would
- -Consent- a defense to allegations that an intentional tort has been committed
can also be used as a defense in criminal law (either in sexual contacts or
Negligence and the standard of the Reasonable person.
-Most common form of tort is negligence
-Negligence is the omission to do something which a reasonable man guided upon
those considerations, which ordinarily regulate the conduct of human affairs, would
do or doing something which a prudent and reasonable man would not do.
Donoghue V. Stevenson
Plaintiff brought action to recover damages from the manufacturer of a bottle og
While drinking the beer the plaintiff had discovered the remains of a decomposing
snail. -Discovery caused plaintiff to suffer shock and severe gastroenteritis
-Argued that the company should have a system of inspection
-Court allowed appeal
- A successful action in negligence req