Torts

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act

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An external manifestation of the actor's will and does not include any of its results, even the most direct, immediate, and intended. R2T, §2.

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necessity of volition

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C.a (act) There cannot be an act without volition; the actor must mean to act. A muscular reaction is always an act unless it is a purely reflexive reaction in which the mind and will have no share. R2T, §2.

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freedom of actor's will

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C.b (act) If the mind has grasped the situation and has dictated a muscular contraction in response to it--no matter how rapidly--the response constitutes an act. R2T, §2.

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act and its consequences

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C.c (act) The word “act” includes only the external manifestation of the actor's will. It does not include any of the effects of such manifestation, no matter how direct, immediate, and intended. R2T, §2.

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intent (desire)

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A desire to cause consequences of an act. R2T, §8A.

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intent (belief)

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A belief that consequences of an act are substantially certain to result from it. R2T, §8A.

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intent (knowledge)

Back 7

A knowledge that consequences of an act are certain, or substantially certain, to result from it. R2T, §8A.

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intent

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A desire to cause consequences of an act, or a belief that the consequences are substantially certain to result from it. R2T, §8A.

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trespasser

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A trespasser is a person who enters or remains upon land in the possession of another without a privilege to do so created by the possessor's consent or otherwise. R2T, §329.

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licensee

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A licensee is a person who is privileged to enter or remain on land only by virtue of the possessor's consent. R2T, §330.

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invitee (public invitee)

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A public invitee is a person who is invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public. R2T, §332.

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invitee (business invitee)

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A business visitor is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the possessor of the land. R2T, §332.

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invitee

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An invitee is either a public invitee or a business visitor. R2T, §332.

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reasonably believes

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Denotes the fact that an actor believes that a given fact or combination of facts exists, and that the circumstances which he knows, or should know, are such as to cause a reasonable man so to believe. R2T, §11

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should know

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C.a (reasonably beliefes) The circumstances which the actor should know are those which a reasonable man would know if he were in the actor's position. The qualities which primarily characterize the reasonable man, to whose standard the actor is required to conform in order to be protected in his ignorance of the actual facts, are normal acuteness of perception and soundness of judgment. R2T, §11

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reason to know

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Used with respect to existent facts, the expression is used to denote the fact that the actor has information from which a person of reasonable intelligence or of the superior intelligence of the actor would infer that the fact in question exists, or that such person would govern his conduct upon the assumption that such fact exists. (No duty.)

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should know

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Used with respect to existent facts, the expression is used to denote the fact that a person of reasonable prudence and intelligence or of the superior intelligence of the actor would ascertain the fact in question in the performance of his duty to another, or would govern his conduct upon the assumption that such fact exists. (Duty.)