6 Questions
What distinguishes intentional torts from unintentional torts?
Fault plus intent for intentional torts, and fault without intent for unintentional torts
What does 'intent' mean in the context of intentional torts?
The person must know the consequences of the act with substantial certainty
What is the legal principle of 'transferred intent' in tort law?
A person can be liable to a second victim if they intended to harm one individual but harmed another by mistake
Who can be considered a 'tortfeasor'?
One who commits a tort intentionally
What type of motive is required for intentional torts to occur?
An evil or harmful motive
When can intent be transferred in the context of tort law?
If the tortfeasor intended to harm one individual but unintentionally harmed another
Study Notes
Intentional Torts vs. Unintentional Torts
- Intentional torts involve deliberate actions that harm others, whereas unintentional torts result from negligence or accidents.
- Intent is a key element in intentional torts, distinguishing them from unintentional torts.
Intent in Intentional Torts
- In the context of intentional torts, intent refers to the deliberate desire to cause harm or commit a wrongful act.
- Intent can be proven through direct or circumstantial evidence.
Transferred Intent
- The legal principle of transferred intent allows for liability to be transferred to an unintended victim if the tortfeasor intended to harm someone else.
- This principle applies when the tortfeasor's intentional act causes harm to a person other than the intended target.
Tortfeasor
- A tortfeasor is a person who commits a tort, either intentionally or unintentionally.
- Tortfeasors can be held liable for damages resulting from their actions.
Motive for Intentional Torts
- The required motive for intentional torts is the desire to harm or commit a wrongful act, rather than a specific motive like revenge or profit.
- The motive behind the intentional tort is generally irrelevant, as long as the tortfeasor intended to cause harm.
Transferring Intent
- Intent can be transferred in tort law when the tortfeasor's intentional act causes harm to a person other than the intended target.
- This transfer of intent occurs when the tortfeasor's actions are deemed to be the proximate cause of the harm.
Explore the differences between intentional torts, which occur from the intentional violation of person or property, and unintentional torts like negligence which result from a breach of duty without intent. Learn about intentional torts against persons and the concept of tortfeasor in this quiz.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
