Acer Case Study

TORTS

Roger Schechter

[Korean Heritage revised by JWL 2007]

* MBE: 34Qs including equitable remedies.

INTRODUCTION

A. Includes bonus subjects:

1. Personal property;

2. No-fault insurance;

3. Worker's compensation;

4. Equitable remedies.

B. 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.

I. INTENTIONAL TORTS

A. PRIMA FACIE CASE

To establish prima facie case of intentional tort, P must prove,

a) Act by D

b) Intent

1. INTENT: almost always presumed in MS Qs, so rarely tested.

a) Intent to do actual physical act.

b) 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.)

2. 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.

3. NO INCAPACITY IN INTENTIONAL TORTS – Incapacity is no defense.

a) Every D in MBE is capable of committing intentional tort.

b) Even 5 year old young children (Garrett v. Gerry), the drunk, insane, or mentally retarded, etc. anyone can be liable for their intentional tort.

B. INTENTIONAL TORT TO PERSON

* "Intent" and "Causation" are common elements for prima facie cases.

1. BATTERY:

2 elements: (1) a Harmful or Offensive Contact; (2) the contact with Plaintiff's