1) IT - Elements Flashcards

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1
Q

torts qs: things to think about

A

1) is it a torts q? (vs crime)
2) who is P?
3) who is D?
4) what are P’s injuries?
5) what legal theories can P assert?

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2
Q

elements of intentional torts

A

1) voluntary act
2) intent
3) causation
4) harm
5) no privilege or defense

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3
Q

voluntary act: def

A

something conscious or willed, as opposed to purely reflexive

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4
Q

intent: kinds

A

1) desires (purpose/goal) that his act will cause the harmful result, or
2) knows (subjective–actually) that result is virtually certain to occur based on D’s conduct

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5
Q

intent: does should have known count?

A

no

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6
Q

causation: kinds

A

1) cause in fact

2) proximate cause

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7
Q

causation: cause in fact: def

A

P must show causal connection btwn D’s act and P’s injury

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8
Q

causation: proximate cause: def (for IT)

A

for IT: extended consequences rule

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9
Q

causation: proximate / IT: result

A

proximate cause is never an issue for intentioanl torts

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10
Q

causation: proximate: extended consequences rule: def

A

D is liable for all results no matter how unforeseeable

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11
Q

harm: kinds/rule

A
  • which kind depends on which tort*
    1) (some torts) establishing the elements of the tort is enough, dnn separate harm, OR
    2) (other torts) P must prove harm as part of prima facie case
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12
Q

ITs against ppl (list)

A

1) battery
2) assault
3) false imprisonment
4) IIED

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13
Q

intent vs. motive

A

regardless of motive/sympathetic D, could still meet the intent elements

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14
Q

transferred intent: def

A

if D acts w necessary intent to inflict SOME intentional torts, but for some reason causes injury to a different V (or a different tort) than intended, the intent can TRANSFER to the actual V or tort

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15
Q

transferred intent: torts it applies to

A

1) battery
2) assault
3) false imprisonment
4) trespass to lands
5) trespass to chattels

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16
Q

intent: insanity

A

fact that D is mentally incompetent DOES NOT mean he can’t have the intent to commit a tort –> q of if he can form intent

punches bc she thinks you’re Hitler: still a battery (had purpose to cause contact)

17
Q

intent: minors

A

again, looking at whether they could form intent

18
Q

trespass to property: kinds

A

1) trespass to land

2) nuisance

19
Q

trespass to personal property: kinds

A

1) trespass to chattels

2) conversion

20
Q

remedies in tort (categories)

A

1) legal
2) restitutionary
3) equitable

21
Q

legal remedies: kinds

A

1) nominal
2) compensatory
3) punitive

22
Q

nominal damages: def

A

small amt paid to vindicate P’s right

23
Q

resitutionay remedies: kinds

A

1) ejectment

2) replevin

24
Q

restitutioary remedies: purpose

A

prevent unjust enrichment on part of D

25
Q

equtable remedies: kind

A

1) injunctions