Introduction Flashcards

1
Q

Intentional Torts

A

Belief that consequences are substantially certain to result

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2
Q

Transferred Intent

A

As long as D had the necessary intent to injure one person, then he would be liable for an intentional tort towards any other person who becomes injured

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3
Q

Negligence

A

not doing something a reasonable person would do or doing something a reasonable person would not do

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4
Q

Negligence elements

A

1) is it foreseeable
2) were reasonable steps taken?

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5
Q

Vicarious Liability

A

the employer is liable for the tortious conduct of the employee through respondeat superior, when the employee is acting within their scope of duties of their employment

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6
Q

Workers Compensation

A

the employer is liable for the employee’s injuries when the injuries were suffered in the course of or arising out of the employee’s duty

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7
Q

Wrongful Death

A

Any tortious act that causes the death of another

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8
Q

Vicarious Liability Elements

A

1) an employee injured another person
2) act was done within the scope of employment

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9
Q

Workers Compensation Elements

A

1) employee is injured during course of employment

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10
Q

Wrongful Death Analysis

A

1) Establish the death happened by a tort
2) Mention family member that can take action

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11
Q

Survival of Action Claim for [Victim’s Name]

A

Survival of action allows an individual’s estate to bring any and all causes of actions after the death of an individual

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12
Q

Survival of Action Claim Analysis

A

Here, [victim]’s estate will be bring all her viable causes of actions for his or her name

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