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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) |
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TOR 1B
Intentional Torts Intent |
TOR 1B
Rule: All intentional torts require INTENT. |
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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. |
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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). |
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TOR 2A
Intentional Tort #1 Battery Elements |
TOR 2A
1. Intent 2. Harmful or offensive contact 3. With the P’s person |