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10 Cards in this Set
- Front
- Back
Intent rule? liability
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conduct is intentiional if the actor desires to cause the consequences of his act OR believes that the consequences are certain to result from it
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Proof of intent? liability
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d will be presumed to have intended the natural and probable consequences of his conduct.
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difference between intent and motive? liability
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intent is desire to cause certain immediate consequences; motive is the reason for having that desire.
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what is intentional conduct
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if harm is intended
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what is negligent or reckless conduct
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not intentional, conduct merely creates a foreseeable risk of harm, either negligemt or reckless depending upon the magnitude and probability of the risk and d's awareness of it.
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liability with children?
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young children may be found capable of intentional even tho too young for capable of negligence
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mentally incompetent people liability?
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liable for intentional torts even when incapable of forming a purpose or understanding the consequences of his or her conduct.
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what is transferred intent (liability)?
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d's intent to commit any one of the original trespass-based torts, assault, battery, false imprisonment trespass to land or chattels) automatically supplies the intent for any of the other 4.
transfers from intended victim to unintended victim |
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what is scope of liability
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probable cause
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does broader scope of liability rules apply to intentional torts?
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yes it does.
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