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13 Cards in this Set

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  • Back
What is the doctrine of transferred intent?
This doctrine hold that where a defendant intends to commit a tort against one person but instead
(1) commits a different tort against that person
(2) commits the same tort as intended by against a different person
(3) commits a different tort against a different person

In these cases, the intent to commit a tort against one person is transferred to the other tort or to the injured person.
For the doctrine of transferred intent, does it matter which tort is intended and which tort occurs?
Yes. They must both be among the following: assault, battery, false imprisonment, trespass to land, and trespass to chattels
When may a person trespass on the land of another pursuant to the privilege of necessity?
When trespass is reasonably and apparently necessary to avoid threatened injury from a natural or other force, and where the threatened injury is substantially more serious than the invasion that seeks to avert it.
Can a defendant be guilty of battery even though he never touched the plaintiff?
Yes. A defendant is liable for "indirect" contact when he sets in motion a force that brings about harmful or offensive contact to the plaintiff.
When is an agent likely to be an independent contractor?
When he (1) is engaged in a distinct business of his own; (2) controls the manner and method by which he performs his tasks; (3) is hired to do a particular job; (4) supplies his own tools and materials; (5) is paid a given amount for the job; and (6) is hired to do a short term, specific job.
Is a landowner vicariously liable for torts caused by an independent contractor engaged in inherently dangerous activities?
Are business partners vicariously liable for the torts of one another?
Yes. Each member of a partnership is vicariously liable for the tortious conduct of another partner, if it is committed in the scope of the partnership's affairs.
When can one successfully assert the defense of applied assumption of risk?
When the plaintiff knew of the risk and voluntarily chose to enounter it.
Is a vendor of liquor liable for injuries resulting from the buyer's intoxication?
Generally, no.

Some states now have "dramshop" laws, which create a cause of action in favor of any third person injured by the drunken buyer.
What does the court consider in deciding whether to issue an injunction against a nuisance?
The court will consider the relative hardships resulting from granting or denying the injunction.
If one party is vicariously liable for the actions of a second party, what role does indemnity play?
If one party is vicariously liable for the actions of a second party, the first party has a right of indemnity against the second.
For nuisance, when determining if land use is reasonable, should you consider which type of land use was entered into first?
Yes, but only as a consideration. It is not conclusive.
In a torts essay, what should you say up front if the person actually harmed is deceased?
State that the common law rule abating tort action at victim's death was extinguished by the survival statute.