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Cheatography

Torts Cheat Sheet (DRAFT) by

This is a draft cheat sheet. It is a work in progress and is not finished yet.

INTENT­IONAL TORTS

Batt­ery: Prima Facie Case
P must prove D acted intent­ionally to cause an offensive touching
1. Volitional Act
2. Touching was offensive to a reasonable sense of personal dignity
Extended Person­ality: Close connected
Reasonable Person- Unduly sensitive v. religious right
3. Intent
1. Purpose to cause a harmful or offensive touching
2. Knew with substa­ntial certainty such a touching would occur
---- 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.
Assa­ult
P must prove D intent­ionally put P in appreh­ension of an imminent harmful or offensive contact
1. Reasonable appreh­ension
2. Intent
D has Purpose to put P in appreh­ension or know with substa­ntial certainty appreh­ension would result.
Transf­erred Intent
One who commits an intent­ional tort directed at one person is liable if another is harmed.
 

NEGLIGENCE

ELEMENTS
1. Duty
2. Breach
3. Actual Cause
4. Proximate Cause
5. $$$ Harm