Summary PGDL University of Law 2024/2025 Distinction Tort Law
Essay Prompts & Problem Question Structures
General Characteristics of a Tort Lawsuit - (answer)1) The focus of the lawsuit is on an
injurious scenario which begins with conduct of one person and which terminates with
injury to a different person (or persons). [injury that results]
2) The lawsuit is initiated and carried on by (or on behalf of the injured or dead person)
("the plaintiff")
3) The lawsuit is brought against a person (or persons) alleged by the plaintiff to be
"responsible" for the injury ("the defendant")
4) There is a complex interplay of decisions by a trial judge, a jury, an appellate judge
determining whether the defendant(s) is "responsible" for the plaintiff's injury
[adjudication]
5) If the plaintiff prevails, he or she is awarded compensatory damages.
Plaintiff's Prima Facie Case in Tort - (answer)1) Plaintiff has the power to sue the
defendant in tort (the "power/disability issue")
2) Defendant breached a tort duty. (the "breach" issue) [D engaged in unacceptable
conduct]
3) Defendant's breach of duty caused plaintiff's injury. (the "cause in fact" issue) [Ds
breach is a necessary condition]
4) Defendant's breach of duty was "the legal cause" of plaintiff's injury. (the "legal
cause" issue)
5) Plaintiff was damaged (to the measure of X $) as a result of the injury caused by
defendant by his breach. (the "damages" issue)
The plaintiff's burden, in its entirety, is commonly referred to as the plaintiff's prima facie
case in tort. The plaintiff loses the case if any of these issues is decided against
him/her. [Preponderance of evidence]
"Power/Disability Issue"
Plaintiff's Prima Facie Case in Tort - (answer)Plaintiff has the power to sue the
defendant, the plaintiff is not disabled from suing.
Trial judge decides issue - the plaintiff has the burden of convincing the judge.
"Breach Issue"
Plaintiff's Prima Facie Case in Tort - (answer)Defendant engage in unacceptable
conduct.
Defendant breached a tort duty.
,Jury ordinarily decides
"Cause in Fact Issue"
Plaintiff's Prima Facie Case in Tort - (answer)Defendant's breach of duty caused the
plaintiff's injury.
Jury ordinarily decides
"The Legal Cause Issue"
[Plaintiff's Prima Facie Case in Tort] - (answer)Defendant's breach of duty was the legal
cause of plaintiff's injury.
Jury ordinarily decides
"The Damages Issue"
[Plaintiff's Prima Facie Case in Tort] - (answer)Plaintiff was damaged (to the measure of
X $) as a result of the injury caused by defendant by his breach.
Jury ordinarily decides
Demurrer - (answer)A motion to dismiss for failure to state a cause of action.
Tort Causes of Action - (answer)Intentional Torts
Strict Liability
Negligence
Defendant Affirmative Defenses - (answer)Defendant has burden to establish
1. Defendant immunity, [parental immunity/spanking child]
2. Defendant privilege to injure, [consent, i.e. doctor]
3. Plaintiff breach of duty. [contributory negligence]
Intentional Torts - (answer)Battery
Assault
Intentional Infliction of Emotional Distress (IIED)
False Imprisonment
Trespass to Land
Trespass to Chattel
Conversion
Battery - (answer)An actor is subject to liability to another for battery if:
1) he acts
,2) intending to cause
3) (a) a contact (b) which is "harmful" or "offensive"
(4) with the person of the other or a third person (or an imminent apprehension of such
a contact), and
(5) a contact which is "harmful" or "offensive" with the person of the other directly or
indirectly results.
Intent - (answer)A person acts with the intent to produce a consequence if:
1) the person acts with the purpose of producing that consequence, or
2) that person acts knowing that the consequence is substantially certain to result.
Intent - (answer)Acting "for the purpose of...," or
Acting "with substantial certainty that..."
Intent - (answer)That the actor desires to cause consequences of this act, or
That the actor believes that the consequences are substantially certain to result from it.
Brzoska v. Olson
Delaware Supreme Court
668 A.2d 1355 (1995) - (answer)Rule of Law
A plaintiff may not recover on a claim of battery based on fear of contracting a disease if
the plaintiff has not actually been exposed to a disease-causing agent.
[Battery]
Garratt v. Dailey
Supreme Court of Washington
279 P.2d 1091 (1955) - (answer)Rule of Law
A minor may be held liable for the tort of battery if she acted intentionally, with
knowledge to a substantial certainty that her actions would cause a harmful or offensive
contact to another person.
[Battery]
White v. Muniz
Colorado Supreme Court
999 P.2d 814 (2000) - (answer)Rule of Law
In a dual intent jurisdiction, a tortfeasor must both intentionally contact another person
and intend that the contact be harmful or offensive to be liable for battery.
[Battery]
Fisher v. Carrousel Motor Hotel, Inc.
, Texas Supreme Court
424 S.W.2d 627 (1967) - (answer)Rule of Law
A party is liable for damages for humiliation for an intentional offensive touching of
anythinbg connected with another individual and actual physical contact with the actual
body of of another is not required.
[Battery]
Offensive - (answer)In order that a contact be offensive to a reasonable sense of
personal dignity, it must be one which would offend the ordinary person and as such
one not unduly sensitive as to his personal dignity. It must, therefore, be a contact which
is unwarranted by the social usages prevalent at the time and place at which it is
inflicted.
Transferred Intent Doctrine - (answer)Operates to impose liability when a defendant has
the intent to commit assault, battery, false imprisonment, trespass to land, or trespass to
chattels and harm results to another's person or property. Applies to all trespassory
torts.
Talmage v. Smith
Michigan Supreme Court
59 N.W. 656 (1894) - (answer)Rule of Law
A party is liable for damages to another if he intends to use unreasonable force to inflict
harm upon another and accidentally harms another party whom he did not intend to use
force against.
[Transferred Intent]
Assault - (answer)An actor is subject to liability to another for assault if:
1) he acts
2) intending to cause
3) (a) a contact (b) which is "harmful" or "offensive"
4) with the person of the other or a third person (or an imminent apprehension of such a
contact), and
5) the other is thereby put in such imminent apprehension.
Western Union Telegraph Co. v. Hill
Alabama Court of Appeals
150 So. 709 (1933) - (answer)Rule of Law
An assault is an intentional unlawful attempt to touch another in a harmful, offensive,
rude, or angry manner, such that it creates a well founded fear of such touching along
with the ability of the offending party to actually effectuate the attempt.
Essay Prompts & Problem Question Structures
General Characteristics of a Tort Lawsuit - (answer)1) The focus of the lawsuit is on an
injurious scenario which begins with conduct of one person and which terminates with
injury to a different person (or persons). [injury that results]
2) The lawsuit is initiated and carried on by (or on behalf of the injured or dead person)
("the plaintiff")
3) The lawsuit is brought against a person (or persons) alleged by the plaintiff to be
"responsible" for the injury ("the defendant")
4) There is a complex interplay of decisions by a trial judge, a jury, an appellate judge
determining whether the defendant(s) is "responsible" for the plaintiff's injury
[adjudication]
5) If the plaintiff prevails, he or she is awarded compensatory damages.
Plaintiff's Prima Facie Case in Tort - (answer)1) Plaintiff has the power to sue the
defendant in tort (the "power/disability issue")
2) Defendant breached a tort duty. (the "breach" issue) [D engaged in unacceptable
conduct]
3) Defendant's breach of duty caused plaintiff's injury. (the "cause in fact" issue) [Ds
breach is a necessary condition]
4) Defendant's breach of duty was "the legal cause" of plaintiff's injury. (the "legal
cause" issue)
5) Plaintiff was damaged (to the measure of X $) as a result of the injury caused by
defendant by his breach. (the "damages" issue)
The plaintiff's burden, in its entirety, is commonly referred to as the plaintiff's prima facie
case in tort. The plaintiff loses the case if any of these issues is decided against
him/her. [Preponderance of evidence]
"Power/Disability Issue"
Plaintiff's Prima Facie Case in Tort - (answer)Plaintiff has the power to sue the
defendant, the plaintiff is not disabled from suing.
Trial judge decides issue - the plaintiff has the burden of convincing the judge.
"Breach Issue"
Plaintiff's Prima Facie Case in Tort - (answer)Defendant engage in unacceptable
conduct.
Defendant breached a tort duty.
,Jury ordinarily decides
"Cause in Fact Issue"
Plaintiff's Prima Facie Case in Tort - (answer)Defendant's breach of duty caused the
plaintiff's injury.
Jury ordinarily decides
"The Legal Cause Issue"
[Plaintiff's Prima Facie Case in Tort] - (answer)Defendant's breach of duty was the legal
cause of plaintiff's injury.
Jury ordinarily decides
"The Damages Issue"
[Plaintiff's Prima Facie Case in Tort] - (answer)Plaintiff was damaged (to the measure of
X $) as a result of the injury caused by defendant by his breach.
Jury ordinarily decides
Demurrer - (answer)A motion to dismiss for failure to state a cause of action.
Tort Causes of Action - (answer)Intentional Torts
Strict Liability
Negligence
Defendant Affirmative Defenses - (answer)Defendant has burden to establish
1. Defendant immunity, [parental immunity/spanking child]
2. Defendant privilege to injure, [consent, i.e. doctor]
3. Plaintiff breach of duty. [contributory negligence]
Intentional Torts - (answer)Battery
Assault
Intentional Infliction of Emotional Distress (IIED)
False Imprisonment
Trespass to Land
Trespass to Chattel
Conversion
Battery - (answer)An actor is subject to liability to another for battery if:
1) he acts
,2) intending to cause
3) (a) a contact (b) which is "harmful" or "offensive"
(4) with the person of the other or a third person (or an imminent apprehension of such
a contact), and
(5) a contact which is "harmful" or "offensive" with the person of the other directly or
indirectly results.
Intent - (answer)A person acts with the intent to produce a consequence if:
1) the person acts with the purpose of producing that consequence, or
2) that person acts knowing that the consequence is substantially certain to result.
Intent - (answer)Acting "for the purpose of...," or
Acting "with substantial certainty that..."
Intent - (answer)That the actor desires to cause consequences of this act, or
That the actor believes that the consequences are substantially certain to result from it.
Brzoska v. Olson
Delaware Supreme Court
668 A.2d 1355 (1995) - (answer)Rule of Law
A plaintiff may not recover on a claim of battery based on fear of contracting a disease if
the plaintiff has not actually been exposed to a disease-causing agent.
[Battery]
Garratt v. Dailey
Supreme Court of Washington
279 P.2d 1091 (1955) - (answer)Rule of Law
A minor may be held liable for the tort of battery if she acted intentionally, with
knowledge to a substantial certainty that her actions would cause a harmful or offensive
contact to another person.
[Battery]
White v. Muniz
Colorado Supreme Court
999 P.2d 814 (2000) - (answer)Rule of Law
In a dual intent jurisdiction, a tortfeasor must both intentionally contact another person
and intend that the contact be harmful or offensive to be liable for battery.
[Battery]
Fisher v. Carrousel Motor Hotel, Inc.
, Texas Supreme Court
424 S.W.2d 627 (1967) - (answer)Rule of Law
A party is liable for damages for humiliation for an intentional offensive touching of
anythinbg connected with another individual and actual physical contact with the actual
body of of another is not required.
[Battery]
Offensive - (answer)In order that a contact be offensive to a reasonable sense of
personal dignity, it must be one which would offend the ordinary person and as such
one not unduly sensitive as to his personal dignity. It must, therefore, be a contact which
is unwarranted by the social usages prevalent at the time and place at which it is
inflicted.
Transferred Intent Doctrine - (answer)Operates to impose liability when a defendant has
the intent to commit assault, battery, false imprisonment, trespass to land, or trespass to
chattels and harm results to another's person or property. Applies to all trespassory
torts.
Talmage v. Smith
Michigan Supreme Court
59 N.W. 656 (1894) - (answer)Rule of Law
A party is liable for damages to another if he intends to use unreasonable force to inflict
harm upon another and accidentally harms another party whom he did not intend to use
force against.
[Transferred Intent]
Assault - (answer)An actor is subject to liability to another for assault if:
1) he acts
2) intending to cause
3) (a) a contact (b) which is "harmful" or "offensive"
4) with the person of the other or a third person (or an imminent apprehension of such a
contact), and
5) the other is thereby put in such imminent apprehension.
Western Union Telegraph Co. v. Hill
Alabama Court of Appeals
150 So. 709 (1933) - (answer)Rule of Law
An assault is an intentional unlawful attempt to touch another in a harmful, offensive,
rude, or angry manner, such that it creates a well founded fear of such touching along
with the ability of the offending party to actually effectuate the attempt.
