1) IT - Elements Flashcards
torts qs: things to think about
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?
elements of intentional torts
1) voluntary act
2) intent
3) causation
4) harm
5) no privilege or defense
voluntary act: def
something conscious or willed, as opposed to purely reflexive
intent: kinds
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
intent: does should have known count?
no
causation: kinds
1) cause in fact
2) proximate cause
causation: cause in fact: def
P must show causal connection btwn D’s act and P’s injury
causation: proximate cause: def (for IT)
for IT: extended consequences rule
causation: proximate / IT: result
proximate cause is never an issue for intentioanl torts
causation: proximate: extended consequences rule: def
D is liable for all results no matter how unforeseeable
harm: kinds/rule
- 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
ITs against ppl (list)
1) battery
2) assault
3) false imprisonment
4) IIED
intent vs. motive
regardless of motive/sympathetic D, could still meet the intent elements
transferred intent: def
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
transferred intent: torts it applies to
1) battery
2) assault
3) false imprisonment
4) trespass to lands
5) trespass to chattels
