Torts general Flashcards

1
Q

Range of torts

A
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2
Q

To establish PFC for any intentional tort

A
  1. Act by a defendant
  2. Intent by a defendant
  3. Causation of the result to the P from the D
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3
Q

You are acting intentionally if:

A

you are acting on purpose

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4
Q

3 basic guidelines for intentional torts

A
  1. Hypersensitivity of P is ignored
  2. No incapacity defenses
  3. Liable under transferred intent
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5
Q

The act required is a

A

volitional movement by the D

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6
Q

Transferred intent doctrine applies when

A

D intends to commit a tort against one person but

  1. Commits a different tort against the intended person
  2. Commits the same tort against a different person, -OR-
  3. Commits a different tort against a different person
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7
Q

Transferred intent applies only if:

A

Intended tort + tort that results is “ABFLC”

assault, battery, FI, trespass to land, trespass to chattel

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8
Q

Causation is satisfied if:

A

D’s conduct was a substantial factor in bringing about P’s injury

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9
Q

What is a tort

A

civil wrong which causes injury to a person or their property and results in legal liability.

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10
Q

Types of torts

A
  1. intentional
  2. based on carelessness
  3. damaging someone’s reputation
  4. strict liability (liability based on nature of action instead of fault)
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