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5 Cards in this Set

  • Front
  • Back
TOR 1A

Intentional Torts
Incapacity
TOR 1A

Rule: EVERYONE is liable for intentional torts. There us no defense for an “incapacitated ∆” (e.g., infancy, intoxication)
TOR 1B

Intentional Torts
Intent
TOR 1B

Rule: All intentional torts require INTENT.
TOR 1C

Intentional Torts
Transferred Intent
TOR 1C

Rule: D intends any intentional tort against any victim. We treat him as an intentional actor even if a different tort results or a different victim is harmed.
TOR 1D

Hypo: X intends to scare Y; throws ball at his head; misses and hits Z nearby. Result?
TORTS 1D

Answer: Intent transferred from would-be π (Y) to actual π (Z); intent transferred from would-be tort (assault) to actual tort (battery).
TOR 2A

Intentional Tort #1
Battery Elements
TOR 2A

1. Intent
2. Harmful or offensive contact
3. With the P’s person