Int torts.txt

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  1. Elements of an intentional tort
    • 1) voluntary act
    • 2) intent
    • 3) causation
    • 4) harm
    • 5) lack of privilege or defense
  2. Voluntary act
    Acts are not voluntary if product of pure reflex or if the def is unconscious when the act is performed
  3. Intent is established when:
    • 1) def desires act will cause the harmful result described by the tort; or
    • 2) def knows that it is substantially certain that such a result will occur
  4. Incompetency
    Form of intent; if a def mentally incompetent, or a is a minor, does not preclude a finding that he possessed intent to commit an intentional tort, but may affect whether such intent existed
  5. Transferred Intent
    if def acts w/ the necessary intent to inflict certain intentional torts, but for some reason causes injury to a different victim than intended, the defendant's intent is "transferred" to the actual victim.

    Only applies to assault, battery, false imprisonment, and trespass to lands or to chattels
  6. Causation (intentional torts)
    def's act/force set in motion by that act must cause the plaintiff's injury
  7. Battery
    intentionally causing a harmful or offensive contact with a person of the other or a third person
  8. Intent for Battery
    • def must:
    • 1) desire to cause an immediate harmful or offensive contact; or
    • 2) know such contact is substantially certain to occur
  9. Harmful/offensive contact (battery)
    • 1) contact that would inflict pain or impariment of any body function, or
    • 2) if a reasonable person would regard it as offensive
Card Set:
Int torts.txt
2012-09-22 16:36:33
Intentional Torts

Torts - Intentional
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