Torts Flashcards
What is a voluntary act?
An action that is conscious or willed (≠ purely reflexive)
What are the elements of an intentional tort?
- Voluntary Act
- Intentional Act
- Causation
- Harm
What establishes intent for intentional torts?
- ∆ desires that his act will cause a harmful result
Or
- ∆ knows that it is substantially certain that such a result/harm will occur.
What satisfies the causation element in intentional torts?
The defendant’s act must be the cause of the plaintiff’s injury
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What is the impact of proximate cause on intentional torts?
5 Proximate cause does not factor in because of the extended consequences rule.
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What is the extended consequences rule?
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A defendant is responsible for all consequences flowing from an intentional tort: whether foreseeable or not.
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Are children liable for their intentional torts?
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Yes, when they have the intent (knowledge) required for the tort.
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Are parents liable for their children’s intentional tort?
No, parents are not directly liable unless directed by statute.
A battery occurs when a defendant does what?
Intentionally causes a harmful or offensive contact with the plaintiff or something closely connected to the plainti
What are the elements of battery?
- Defendant has the intent to cause a
- Harmful or offensive contact
- With the plaintiff or something physically connected to the plaintiff
What satisfies the intent element of battery?
- Defendant desired/goal to bring about the contact
Or
- Defendant knows such contact was substantially certain to result from his actions.
What is transferred Intent?
If a defendant acts with the necessary intent to inflict an intentional tort but defendant causes injury to a different victim than intended, then defendant’s intent is transferred to the actual victim.
More Info: Transferred Intent
Transferred intent applies to which torts
- Assault
- Battery
- False Imprisonment
- Trespass to Land
- Trespass to Chattels
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How does mental incompetency impact an intent requirement?
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The fact that a defendant is mentally incompetent, or is a minor, does not preclude a finding that he possessed the intent to commit an intentional tort, but incompetency may affect whether such intent actually existed.
When is the harmful or offensive contact element of battery satisfied?
- The contact inflicts any physical discomfort to plaintiff
or
- Contact is offensive to a reasonable person; unless defendant know’s of plaintiff’s particular susceptibility
What can a battery’s harmful or offensive contact be made to?
- Plaintiff’s body
- Something that has a close physical connection to plaintiff’s body (something they eat or are holding)
* More Info:* Battery - Contact
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In a battery, does the π need to be aware of the contact?
NO
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