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Torts

Torts Attack Outline

I. Intentional Torts

A. General Rules

  • Voluntary Act: Defendant must make a voluntary physical movement.

  • Intent Defined: Defendant (1) desires to cause the consequence, OR (2) knows with substantial certainty that the consequence will occur.

  • Transferred Intent: Intent can transfer:

  • Person to Person: Intent to harm one person transfers to another.

  • Tort to Tort: Intent for one tort (Assault, Battery, False Imprisonment, Trespass to Land, Trespass to Chattels) transfers to another of these five.

  • Capacity: All persons, including children and mentally incompetent individuals, are capable of intent and liable.

  • Causation: Defendant's act must directly cause or be a substantial factor in causing the harm.

  • Damages:

  • **Nomin

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