BALW20150 Chapter 6: Chapter 6 Summary
7 Feb 2017
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Two notions serve as the basis of all torts: wrongs and compensation. Purpose: to provide remedies for acts that cause physical injury or that interfere with physical security and freedom of movement. Compensatory damages awarded to a plaintiff to compensate or reimburse the plaintiff for actual losses: special damages compensate for quantifiable monetary losses, general damages compensate for the nonmonetary aspects of the harm suffered. Many states have placed caps on noneconomic general damages (ex. Classification of torts: intentional torts and unintentional torts (involving negligence) Transferred intent when a defendant intends to harm one individual but unintentionally harms a second person. Assault any intentional and unexcused threat of immediate harmful or offensive contact words or acts that create a reasonably believable threat. Battery if the act that created the apprehension is completed and results in harm to the plaintiff, an unexcused and harmful or offensive physical contact intentionally performed: reasonable person standard determines whether the contact is offensive or not.
