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11 Cards in this Set
- Front
- Back
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Three Basic Elements of Intentional torts |
The Act, Intent, Injury |
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The Act |
conceptually similar to negligence, must be linked direct or indirect proximate cause of the injury, voluntary action required |
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Intent |
desire to bring about a result that will invade the interest of another, not the same thing as motive in criminal law. |
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Injury |
the remedies may be financial compensation, recovery of property, equitable relief |
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the difference between civil and criminal law. Intent doesn’t impose feelings, just means you intended to act. ex. chair pulling out. Motive is reason for behavior. |
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the elements that are required to make a prima facie case in all intentional tort actions |
first impression, it would appear to be an intentional torts case if the act, intent, and injury were all present. |
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types of intent |
Specific and Transferred |
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the main difference(s) between or among some torts for example what is the primary difference between assault and battery |
Assault is a non contact threat, while battery is actual physical contact with a person or items they are closely in contact with. |
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What, if anything beyond “we didn’t do it”, may serve as a defense for a particular intentional tort claim: |
absence of required element, express or implied consent, privilege, immunity |
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right to privacy |
protected by state common or statutory law **** major difference |
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right of publicity |
prevents the unauthorized use of individuals name, likeness, or other recognizable aspect of one's persona. |
