Torts Definitions Flashcards
Intent
the voluntary desire to bring about a result, and the belief that the result is substantially certain to occur
Specific intent
acting with a purpose or desire to bring bout a given outcome (falls under definition of intent)
General Intent
sets in motion a chain of events knowing with substantial certainty that the outcome is
likely to occur (falls under definition of intent)
Tort
a civil wrong, other than a breach of contract for which the law provides a remedy
Liability
responsibility for one’s actions
Strict Liability
doesn’t matter if you had the intent, you did the act, therefore you pay for the consequences
Products, abnormally dangerous activities, livestock on your land
Rules of Intent
Good faith does not negate intent
Intoxication: voluntary intoxication does not negate intent
Children: 5+ does not negate intent
Mental Illness/physical shortcomings: do not negate intent unless it is of sudden onset
General/Specific Intent can’t exist at the same time.
Recklessness: one meant to do it but does not care about the outcome (driving a fast car)