Negligence is a failure to exercise appropriate care expected to be exercised in similar circumstances.
In criminal law, mens rea is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus before the defendant can be found guilty.
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Intentional infliction of emotional distress is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an "extreme and outrageous" way. Some courts and commentators have substituted mental for emotional, but the tort is the same.
This article addresses torts in United States law. As such, it covers primarily common law. Moreover, it provides general rules, as individual states all have separate civil codes. There are three general categories of torts: intentional torts, negligence, and strict liability torts.
Transferred intent is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible. To be held legally responsible, a court typically must demonstrate that the perpetrator had criminal intent, that is, that they knew or should have known that another would be harmed by their actions and wanted this harm to occur. For example, if a murderer intends to kill John, but accidentally kills George instead, the intent is transferred from John to George, and the killer is held to have had criminal intent.
Trespass to chattels, also called trespass to personalty or trespass to personal property, is a tort whereby the infringing party has intentionally interfered with another person's lawful possession of a chattel. The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession of the chattel. As opposed to the greater wrong of conversion, trespass to chattels is argued to be actionable per se.
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. Actual ability to carry out the apprehended contact is not necessary. 'The conduct forbidden by this tort is an act that threatens violence.'
Katko v. Briney, 183 N.W.2d 657, is a court case decided by the Iowa Supreme Court, in which homeowners Edward and Bertha Briney were held liable for battery for injuries caused to trespasser Marvin Katko, who set off a spring gun set as a mantrap in an uninhabited house on their property. The case thereafter received wide attention in legal circles, becoming a staple of tort law casebooks and law school courses.
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable for injuries no matter what precautions were taken.
Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm. As an example, someone could use blackmail to induce a contractor into breaking a contract; they could threaten a supplier to prevent them from supplying goods or services to another party; or they could obstruct someone's ability to honor a contract with a client by deliberately refusing to deliver necessary goods.
Vaughan v Menlove (1837) 132 ER 490 (CP) is a leading English tort law case that first introduced the concept of the reasonable person in law.
A casebook is a type of textbook used primarily by students in law schools. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court applied it. Casebooks sometimes also contain excerpts from law review articles and legal treatises, historical notes, editorial commentary, and other related materials to provide background for the cases.
Vosburg v. Putney, 80 Wis. 523, 50 N.W. 403, was an American torts case that helped establish the scope of liability in a battery. The case involved an incident that occurred on February 20, 1889 in Waukesha, Wisconsin. A 14-year-old boy, Andrew Vosburg, was kicked in his upper shin by an 11-year-old boy, George Putney, while the two were in their schoolhouse's classroom. Unbeknownst to Putney, Vosburg had previously injured his knee, and after the incident he developed a serious infection in the area that required physicians to drain pus and excise bone, and left him with a weakness in his leg for the rest of his life. The verdict of the lawsuit's first trial was set aside, and in the second trial the jury awarded Vosburg $2500 in compensatory damages.
In law, the substantial certainty doctrine is the assumption of intent even if the actor did not intend the result, but knew with substantial certainty the effect would occur as a result of his action. The doctrine can be used by courts as a test to determine whether or not a defendant committed a tort. For example, in Garratt v. Dailey (1955), the Washington Supreme Court remanded a case back to the lower courts to determine whether or not the five year-old defendant "knew with substantial certainty that the plaintiff would attempt to sit down where the chair which he moved had been."
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". In England and Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny.
The federal Volunteer Protection Act of 1997 aims to promote volunteerism by limiting, and in many cases completely eliminating, a volunteer's risk of tort liability when acting for nonprofit organizations or government entities. No volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity.
The eggshell rule is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them.
