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10 Cards in this Set

  • Front
  • Back
Intent rule? liability
conduct is intentiional if the actor desires to cause the consequences of his act OR believes that the consequences are certain to result from it
Proof of intent? liability
d will be presumed to have intended the natural and probable consequences of his conduct.
difference between intent and motive? liability
intent is desire to cause certain immediate consequences; motive is the reason for having that desire.
what is intentional conduct
if harm is intended
what is negligent or reckless conduct
not intentional, conduct merely creates a foreseeable risk of harm, either negligemt or reckless depending upon the magnitude and probability of the risk and d's awareness of it.
liability with children?
young children may be found capable of intentional even tho too young for capable of negligence
mentally incompetent people liability?
liable for intentional torts even when incapable of forming a purpose or understanding the consequences of his or her conduct.
what is transferred intent (liability)?
d's intent to commit any one of the original trespass-based torts, assault, battery, false imprisonment trespass to land or chattels) automatically supplies the intent for any of the other 4.
transfers from intended victim to unintended victim
what is scope of liability
probable cause
does broader scope of liability rules apply to intentional torts?
yes it does.