Intentional vs Unintentional Torts
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Questions and Answers

What distinguishes intentional torts from unintentional torts?

  • Intent without fault for intentional torts, and fault with intent for unintentional torts
  • Breach of duty for intentional torts, and breach of contract for unintentional torts
  • Negligence for intentional torts, and recklessness for unintentional torts
  • Fault plus intent for intentional torts, and fault without intent for unintentional torts (correct)
  • What does 'intent' mean in the context of intentional torts?

  • The person must have an evil or harmful motive
  • The person must have no awareness of the consequences of the act
  • The person must know the consequences of the act with substantial certainty (correct)
  • The person must act recklessly without thinking about the consequences
  • What is the legal principle of 'transferred intent' in tort law?

  • The person can transfer liability to a different individual only if they cause physical harm
  • A person can only be held liable for their intended victim, not any unintended victims
  • The person can transfer liability to a different individual if they have an evil motive
  • A person can be liable to a second victim if they intended to harm one individual but harmed another by mistake (correct)
  • Who can be considered a 'tortfeasor'?

    <p>One who commits a tort intentionally</p> Signup and view all the answers

    What type of motive is required for intentional torts to occur?

    <p>An evil or harmful motive</p> Signup and view all the answers

    When can intent be transferred in the context of tort law?

    <p>If the tortfeasor intended to harm one individual but unintentionally harmed another</p> Signup and view all the answers

    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.

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    Description

    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.

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