Torts general Flashcards
1
Q
Range of torts
A
2
Q
To establish PFC for any intentional tort
A
- Act by a defendant
- Intent by a defendant
- Causation of the result to the P from the D
3
Q
You are acting intentionally if:
A
you are acting on purpose
4
Q
3 basic guidelines for intentional torts
A
- Hypersensitivity of P is ignored
- No incapacity defenses
- Liable under transferred intent
5
Q
The act required is a
A
volitional movement by the D
6
Q
Transferred intent doctrine applies when
A
D intends to commit a tort against one person but
- Commits a different tort against the intended person
- Commits the same tort against a different person, -OR-
- Commits a different tort against a different person
7
Q
Transferred intent applies only if:
A
Intended tort + tort that results is “ABFLC”
assault, battery, FI, trespass to land, trespass to chattel
8
Q
Causation is satisfied if:
A
D’s conduct was a substantial factor in bringing about P’s injury
9
Q
What is a tort
A
civil wrong which causes injury to a person or their property and results in legal liability.
10
Q
Types of torts
A
- intentional
- based on carelessness
- damaging someone’s reputation
- strict liability (liability based on nature of action instead of fault)