Torts - Introductory Knowledge

Tort

Private or civil wrongdoing other than breach of contract that the court provides a remedy for in the form of action for damages

Tort law standard of proof

Preponderance of the evidence; more likely than not

2 rationales for tort law

Instrumentalism and corrective justice

Instrumentalism

Creates an incentive to minimize the total cost of accidents

Corrective justice

It is moral to right a wrong.

Elements of an intentional tort

Voluntary act, intent, causation, and injury to a protected interest

2 ways intent can be established

Knowledge or purpose

Purpose, in the context of intent, means that the tortfeasor…

desired a particular consequence.

Knowledge, in the context of intent, means that the tortfeasor…

knew with substantial certainty that a certain consequence would result.

Majority rule or Minority rule. Children can be held liable for their intentional torts.

Majority rule

Majority rule or minority rule. Insane people can be held liable for their intentional torts.

Majority rule