Torts
Archived Posts from this Category
Torts (Marc) #6: Trespass to Land Saturday, Sep 16 2006
1L and Marc Montgomery and Torts and Tulane University Law School 3:03 am
Trespass to land is the next intentional tort on my agenda and here we see that the intent requirment for an action of trespass to land is less exacting than in the forms of actions previously discussed.
Dougherty v. Stepp
Bradley v. American Smelting and Refining Co.
Torts (Marc) #5: Intentional Infliction of Emotional Distress Saturday, Sep 16 2006
1L and Marc Montgomery and Torts and Tulane University Law School 3:02 am
In this episode I discuss a form of action that has been recognized by the courts relatively recently, intentional infliction of emotional distress.
State Rubbsish Collectors Ass’n v. Siliznoff
Slocum v. Food Fair Stores of Florida
Harris v. Jones
Torts (Marc) #4: False Imprisonment Saturday, Sep 16 2006
1L and Marc Montgomery and Torts and Tulane University Law School 3:01 am
As we have seen intentional torts differ from actions based on negligence in that the plaintiff is not required to show damages. This basis for this distinction is that intentional torts involved the invasion of a inviolable right. False imprisonment address an invasion of one’s freedom to exit a location that has become undesirable.
Big Town Nursing Home, Inc. v Newman
Parvi v. City of Kingston
Hardy v. LaBelle’s Distributing C.
Enright v. Groves
Whittaker v. Sandford
Torts (Marc) #3: Civil Assault and Battery Monday, Sep 4 2006
1L and Marc Montgomery and Torts and Tulane University Law School 9:09 pm
In this episode I examine two related forms of intentional tort, battery and assault, and attempt to illustrate that in the world of civil litigation, the terms assault and battery do not have the same meaning as they do in a criminal context.
Wallace v. Rosen
Fisher v. Carrousel
Western Union Telegraph C. v Hill
Torts (Marc) #2: Intent Monday, Sep 4 2006
1L and Marc Montgomery and Torts and Tulane University Law School 9:08 pm
Before beginning an examination of the specific causes of action for intentional torts, I discuss a number of cases that illustrate the two prong test that civil courts have adopted in determining if conduct can be considered intentional under tort law.
Garrat v. Daily
Spivey v. Battaglia
Ranson v. Kitner
McGuire v. Almy
Talmage v. Smith
Torts (Marc) #1: Liability Based on Fault Monday, Sep 4 2006
1L and Marc Montgomery and Torts and Tulane University Law School 9:07 pm
Modern tort law recognizes three bases for finding liability: intentional conduct, negligence and strict liability. In this episode I provide a brief overview of how this framework developed and evolved in our legal system.
Weaver v. Ward
Brown v. Kendall
Cohen v. Petty
Spano v. Perini Corp.
Torts #54: Defenses to Intentional Torts Friday, Jan 6 2006
1L and Neil Wehneman and Torts and University of Cincinnati College of Law 8:02 pm
Just because you have committed an intentional tort doesn’t mean that you are going to be found liable. There are several affirmative defenses to an intentional tort, and we will look at consent and self-defense / defense of property.
O’Brien v. Cunard SS Co.
Hackbart v. Cincinnati Bengals, Inc.
Mohr v. Williams
Katko v. Briney
Torts #53: Trespass to Land or Chattels / Conversion Friday, Jan 6 2006
1L and Neil Wehneman and Torts and University of Cincinnati College of Law 8:00 pm
Trespass to land is entering onto someone’s property without permission. Trespass to chattels is temporary or partial interference with someone’s ownership of movable property. Conversion is the complete interference or destruction of movable property. We will look at these torts with specific cases.
Dougherty v. Stepp
CompuServe Inc. v. Cyber Promotions, Inc.
Parish v. Machlan
Torts #52: Intentional Infliction of Emotional Distress Friday, Jan 6 2006
1L and Neil Wehneman and Torts and University of Cincinnati College of Law 7:56 pm
Intentional infliction of emotional distress is a relatively new tort. Springing about from assault, it allows recovery for activity that is intentional and beyond all bounds of decency.
State Rubbish Collectors Association v. Siiznoff
Green v. Chicago Tribune
Torts #51: False Imprisonment Friday, Jan 6 2006
1L and Neil Wehneman and Torts and University of Cincinnati College of Law 7:54 pm
False imprisonment is the unlawful restraint of an individual against their will. We will discuss this relatively straightforward tort in this episode.
Big Town Nursing Home, Inc. v. Newman
Hardy v. Labelle’s Distributing Co.
Whittaker v. Sandford