Torts: class 8

Transcript

1. CLASS 8 DEFENSES TO INTENTIONAL TORTS ▸ Overview ▸ Consent ▸ Standard & effect ▸ Limitations ▸ Exceeding the scope ▸ Fraud ▸ Defense of self and others
2. REVIEW: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ▸ Act: ∆ engages in extreme & outrageous conduct ▸ Intent: intended to cause π distress / reckless indifference; i.e., acted even though knew or should have known would cause distress ▸ Causation: that causes π to suffer ▸ Result: severe emotional distress
3. CONSENT: McQuiggan v. Boy Scouts of America
4. CONSENT PROBLEMS P. 126
5. SCOPE OF CONSENT ▸ Koffman v. Garnett ▸ Problems pp. 129-130
6. DEFEATING THE DEFENSE: CONSENT VITIATED BY FRAUD ▸ Contrasting STD cases ▸ Hogan v. Tavel ▸ McPherson v. McPherson ▸ Problems pp. 133-134