Question

Based on the following facts stated below draft an IRAC answer on the torts you identify and Make sure your answer is following the IRAC format.
Art attended a backyard party at Barb’s house where friends from his class were celebrating their college graduation. While Barb was grilling steaks in the corner of her backyard, smoke from the grill drifted into the adjacent yard of her neighbor Carol, irritating Carol’s eyes and causing her to suffer a painful cough. Carol called over the fence to Barb, asking that Barb turn off the grill because the smoke was hurting Carol’s eyes and throat. Barb ignored Carol, who was forced to go back inside her house to avoid the smoke.
Has Barb committed any intentional torts against Carol?

Answer 1

Issue:

Whether Barb has committed any intentional tort against carol who suffered painful cough and eye irritation from the smoke as a result of barbs action?

Rules:

Intentional torts occurs when the person intentionally cause injury to the intended person.

Battery is one type of intentional tort wherein the actor action causes loss to other person.To prove the act of battery which is an intentional tort one must prove the elements of intent, an act, cause, harmful contact.

Here intent would mean sufficient knowledge that the action would result the injury. And, Intention has to be accompanied with action. Cause means the actual cause that is, But for the defendants action the injury would not have happened. Also, there has to be harmful contact.

In the case of Leichtman vs. Jacor Communications, Inc. The issue came before court whether intentionally throwing smoke at other would constitute battery and the court ruled that it does constitute battery as smoke cause health issues to other when it gets in contact with other physically whether or not such incident is small in nature.

In Vosburg v. Putney , it was stated that Intention to cause tortuous act itself is sufficient and need not to prove that intention was there to cause harm.

Application:

It is very well stated in the fact that smoke from the grill drifted into the adjacent yard of her neighbor Carol, irritating Carol’s eyes and causing her to suffer a painful cough. Thus it can be said that it is the Barbs Action that resulted such pain and irritation to Carol.

Despite the fact that Carol called over the fence to Barb, asking that Barb turn off the grill because the smoke was hurting Carol’s eyes and throat. Barb knowingly did not do anything that would otherwise would have solved the problem for Carol.

Conclusion:

The things becomes very clear that what Barb did was an tortious Act of Battery as Barb voluntariraly did not stop even after being told by Carol to stop doing smoke and he therefore cause the harmful contact of smoke to carol which is an intentional tortious act.