Introduction Flashcards
Intentional Torts
Belief that consequences are substantially certain to result
Transferred Intent
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
Negligence
not doing something a reasonable person would do or doing something a reasonable person would not do
Negligence elements
1) is it foreseeable
2) were reasonable steps taken?
Vicarious Liability
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
Workers Compensation
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
Wrongful Death
Any tortious act that causes the death of another
Vicarious Liability Elements
1) an employee injured another person
2) act was done within the scope of employment
Workers Compensation Elements
1) employee is injured during course of employment
Wrongful Death Analysis
1) Establish the death happened by a tort
2) Mention family member that can take action
Survival of Action Claim for [Victim’s Name]
Survival of action allows an individual’s estate to bring any and all causes of actions after the death of an individual
Survival of Action Claim Analysis
Here, [victim]’s estate will be bring all her viable causes of actions for his or her name