This is a draft cheat sheet. It is a work in progress and is not finished yet.
INTENTIONAL TORTS
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Battery: Prima Facie Case P must prove D acted intentionally to cause an offensive touching
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1. Volitional Act |
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2. Touching was offensive to a reasonable sense of personal dignity Extended Personality: Close connected
Reasonable Person- Unduly sensitive v. religious right
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3. Intent 1. Purpose to cause a harmful or offensive touching
2. Knew with substantial certainty such a touching would occur
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---- JXN SPLIT---- 1. Dual Intent: D have the purpose to harm or offend or know either would result
2. Single Intent: D have the purpose to touch.
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Assault P must prove D intentionally put P in apprehension of an imminent harmful or offensive contact
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1. Reasonable apprehension |
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2. Intent D has Purpose to put P in apprehension or know with substantial certainty apprehension would result.
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Transferred Intent One who commits an intentional tort directed at one person is liable if another is harmed.
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NEGLIGENCE
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ELEMENTS 1. Duty
2. Breach
3. Actual Cause
4. Proximate Cause
5. $$$ Harm
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