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Flashcards in Intentional Torts Deck (9)
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1
Q

ACT

A

An Act by the Defendant: Some form of voluntary movement; often liberally construed.

2
Q

Intent

A

It can be specific intent (the goal in acting is to bring about the specific consequences) or general intent (individual knows with substantial certainty that these consequences will result).

3
Q

Causation

A

If the defendant’s conduct was a substantial factor in bringing about the injury, causation will be satisfied

4
Q

_______and ______ are applicable for all intentional torts

A

Intent and causation are applicable for all intentional torts

5
Q

When can the doctrine of Transferred intnet be applied

A

The doctrine can be applied when the defendant intends to commit a tort against one person, but instead commits:

a. A different tort against that person;

b. The same tort as intended but against a different person; or

c. A different tort against a different person.

6
Q

The Doctrine of Transferred intent does what?

A

The intent is transferred from the intended tort to the committed tort for purposes of establishing a prima facie case

7
Q

Transferred intent may be invoked only if both the tort intended and the resulting torts are one of the following.

A

Assault

Battery

False Imprisonment

Trespass to Land

Trespass to Chattels.

8
Q

Is Incapacity a defense for intentional torts

A

Incapacity is not a defense to intentional torts.

Every defendant who commits the checklist of elements should be held liable. It does not matter if you are a child, insane or under the influence of drugs/alcohol.

9
Q
A