Johnson Vs Kitner Case Study

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TORTS A. Intent, p. 9 * No contact is intentional if it is not the result of a voluntary act. * The word “intent” is used to denote that the actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to result from it. * The intent requirement is met either by a purpose to cause the tortious contact or substantial certainty that such a contact will result * Sometimes courts will say that you need dual intent of purpose and knowledge. The court sometimes requires this and one or the other is not sufficient. * You can have purpose intent without knowledge intent and vise versa The Two Types of Intent 1. Purpose- meant to cause contact, apprehension etc. 2.…show more content…
Homeowners insurance generally excludes intentional torts. * More than a dozen states have enacted statutes imposing liability on non-negligent parents for the malicious or willful acts of their children Ranson v. Kitner 1889 Facts * Appellants were hunting for wolves and killed the appellee’s dog * The appellee wanted to recover the value of the dog killed by the appellant’s * The defense was that the appellants were hunting for wolves and that the appellee’s dog had a similar appearance to a wolf. The appellants believed the dog to be a wolf and killed it. * The jury held the appellants liable for the value of the dog * It was also found that no material error occurred to the prejudice of appellants * The judgment rendered for $50.00 to recover the value of the dog killed by the appellants Issue * Were the defendants liable for the value of the dog even though they acted in good faith and were mistaken that the dog appeared to be a wolf? * Why are we holding the defendant liable since this was an accident? Holding *

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