Torts Law Key Terms

2-pronged definition'acting with the desire of causing the result'acting with knowledge that the result is substantially certain to occur'note: highest standard of culpability

Every element in a legal definition of a tort

Legal rules developed over a long time in England--appellant courts make the common lawCommon law is king common law courts cover tort law

The actor that commits the tortious act

Basically, a civil wrong other than breach of contract for which the law provides a remedy

It does not matter in determining tortious behavior! but it can effect the damages awarded, if the motive is particularly egregious--court may levy punitive damages. NOT AN ELEMENT

In torts cases intent is determined by a "subjective standard"--so must look at facts surrounding the particular defendant.

The plaintiff has to prove this particular defendants intent. ex: baby Mozart most likely would have intent younger.

Basically, someone who doesn't actually commit the tort is responsible as if they had.

Someone who doesn't have any money or assets

Ability to understand the nature and effect of an act

Evidence weighing more towards one side of an argument. Sort of like a 51% standard

Remember, its really a legal "fiction" (R) if person intends to commit an act upon one person but ends up acting on another then the law just presumes this other person is who he intended to act upon. POLICY: allows injured part to remedy, discourages intentional antisocial conduct because they may be liable to accidental victims.

Review as if ALL facts were true. its a cocky way of trying to get a case dismissed.

IMMEDIATE