IT Cases Flashcards
Brown (1850) (intent)
established intent
Cohen (negligence)
defendant hit with sudden, unanticipated illness not liable for battery in resulting car crash
Spano (strict liability)
established strict liability with blasting
Garratt (intent)
kid pulling chair out from under woman
intent is subjective; kids can have intent
Wagner v. State (intent)
mentally ill ward of state injured someone, not able to cognize intent to harm
holding: single-intent (as long as intent was to make contact, there does not have to be intent to harm)
Ranson v. Kitner (intent)
mistake does not negate intent (shot dog while hunting wolves)
McGuire v. Almy (intent)
mental illness does not negate intent
Talmage v. Smith (Intent)
Intent can transfer between people (and between ITs)
Cole v. Turner (battery 1704)
defines battery
Wallace v. Rosen (battery)
(school fire alarm, stair fall) harmful and offensive touching is objective; crowded world theory of ordinary contact
Fisher v. Carousel Motor (battery)
(thrown plate with racist epithets) harmful and offensive touching of effects can be battery
1348 assault barn/inn case
establishes assault
Western Union Telegraph v. Hill (assault)
there must be apparent present ability to conduct harm (debate of whether the man could have reached far enough over counter to grab woman he was sexually harassing)
Big Town Nursing Home (FI)
outlines elements of FI
Parvi v. City of Kingston (FI)
(drunk dude suffered memory loss from accident) lack of later recollection does not negate FI (conscious in the present moment of confinement)
Hardy v. LaBelle’s Distributing Co (FI)
(employee questioned in room over alleged theft) words and emotional motivation alone cannot constitute FI (fear of losing a job doesn’t render behavior involuntary)
Enright v. Groves (FI)
(Dog leash and ID case) FI can result from an arrest made without the proper legal authority
Whittaker v. Sandford
(yacht) denial of necessary transport out of a sufficiently isolated place constitutes physical restraint for FI
State Rubbish Collectors (IIED)
duress can be IIED when it causes evident and severe mental suffering
Slocum (IIED)
(woman claims verbal insults caused her ed and heart attack). IIED governed by objective standard of conduct. The language must exceed all bounds which can be tolerated by society.
Harris v. Jones (IIED)
there must be a concrete measure of the emotional distress for IIED (guys worsening stutter isn’t enough since he already had a nervous disposition)
Taylor v. Vallelunga (IIED)
(daughter saw V beat up her dad, he didn’t know she was there) must be intentional to be IIED
Dougherty v. Stepp (ToL)
no damages required for trespass to land
Herrin v. Sutherland (ToL)
disturbing enjoyment of land can be trespass to land
Rogers v. Board of Road (ToL)
(D left equipment behind after repairs, P’s plough struck the metal and killed him) the consequences of trespass can exceed what is foreseeable; once consent for entering land expires it becomes trespass to land
Glidden v. Szybiak (ToC)
there must be actual damage for trespass to chattels when intermeddling
CompuServe (ToC)
(spam email group using P’s email list to spam its customers) electronic signals can constitute physical intermeddling for trespass to chattels
Pearson v. Dodd (Conversion)
(D made copies of P’s papers without P’s consent) must substantially interrupt usage to be conversion unless information is protected (creative or sellable product)
