Intentional Torts definitions and extras

Tort

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

Article 2315: Liability for acts cause damages

Every act whether of man that causes damage to another obliges him by whose fault it happened to repair it

6 types of conduct tort condemn ( General risk)

1. Intentional torts

2. willful/wanton (aka gross negligence/ recklessness)

3. Negligence

4. Strict liability

5. vicarious liability/ relational

6. Absolute liability

Intentional tort

A tort theory of recovery in which the plaintiff, in order to prove their case and recover, must prove that defendant acted with a particular mental state

Intent

Purpose or substantial certainty ( a joke can work)

Transferred intent: 2 ways

intent transfers person to person

intent from tort to tort

Example of intent transfers person to person

Meant to battery A but battery B, so battery’s B

Example of intent from tort to trot

I pretend to hit A and then end up hitting her so its changes from Assault to battery ( doesn’t usually walk IIED or property tort )

Extended liabilty

Workers compensation

respondent superior

Vicarious liability

Apprehension

Voluntary act

Harmful or offensive act

Imminment

Lack of consent

Duress