Torts Overview And Intentional Torts

Describe actual causation in a torts case.

What is proximate causation in terms of a general tort case?

What are two things a defendant can do, if they wish, to win a torts case?

Describe the test for negligence per se known as the class-of-persons/class-of-risk   

Plaintiff was walking down the street thinking about his great promotion. He stops underneath a flour shop. The flour shop is on the 4th floor and uses a levy to lift the heavy barrels of flour. While the plaintiff is ruminating, he is hit on top of the head with a barrel and suffers a serious concussion. When the plaintiff brings his case to court, how can he argue that the defendant is liable for negligence?

(Please separate your answer with a comma.) What are the four elements of torts?

A legal entitlement to sue someone is __ ________ ____ __________.

When a plaintiff can prove all elements for a cause of action, the plaintiff has a ____ ______ case.

A defendant doesn't have to do anything in order to win a case.

In order to establish intent in a torts case, the plaintiff must prove that the defendant had (a) ________ to cause the consequences of his act, or (b) _______ that the consequences are certain to result from it.

Motive is usually irrelevant on the issue of liability.

(Please separate answers with a comma.) _______ is the desire to cause certain immediate consequences; _______ is the actor’s reason for having that desire.

If the harm was intended the tort is considered ___________.

If D did not intend to cause harm, the tort is considered n__________ or r____________ depending upon the magnitude and probability of the risk and D’s consciousness of it.

Children are not capable of committing intentional torts.

In most jurisdictions, a mentally incompetent or insane person is liable for his intentional torts, even when incapable of forming a purpose or understanding the consequences of his conduct.

If D trespasses on land, and then during that trespass assaults the true owner, will a court find that D had intent to assault the true owner?

If D shoots a gun at A, but instead of hitting A the bullet ricochets off of a mirror and injures B, will the court find that D had intended to injure B?

An intentional infliction of a harmful or offensive touching of a person is known as __________.

(Please separate your answer with a comma.) The five elements of battery are a___, i_______, c_____________,t__________, h________ or o___________.

If D intends to effect a b_______ or a  a__________ intent has been established.

The D must actually touch the victim to constitute battery.

If Saw laid an elaborate trap for one his victims, has battery occurred even though he did not actually touch his victim?

If D, out of anger that P slept with her boyfriend, smashes a baseball bat into the rear window of P's car, while P is in it, has D touched P in terms of battery?

Russell Crowe walks up to Lindsay Lohan and pokes her because she has forgotten her lines again. Can Lindsay Lohan sue for battery?