TORTS I OUTLINE.pdf - Burden The burden of proof(persuasion and production of evidence both require showing that a preponderance of the evidence or more

TORTS I OUTLINE.pdf - Burden The burden of proof(persuasion...

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Burden The burden of proof (persuasion and production of evidence) both require showing that a preponderance of the evidence, or more likely than not, that D was at fault. [Define both persuasion and production duties as well!] Intent Single (Majority) – Intent is the desire to bring about a consequence; the consequences don’t have to be intentional, just the act. Double (minority) – the act and the consequences must be intentional. Act An act is a conscious movement or failure to move. An unconscious act, such as a seizure or sleepwalking, can not constitute an intentional tort claim Transferred Intent The intent to commit a tort can be transferred from one tort to another aimed at the same person, from the same tort aimed at one person but that then harms an unintended 3 rd party, or from the tort aimed a one party to a different tort that harms a 3 rd party. Battery In order to prove that the Defendant has committed compensable battery upon the Plaintiff, Plaintiff must prove, by a preponderance of the evidence, which is more likely than not, that Defendant acted consciously and with intent or desired to bring about the consequence to touch (or cause apprehension of a touch to), or that Ds act was reasonably certain to bring about the touch ; a touch (direct or indirect) occurred; [and] it was harmful OR offensive contact , [not consented to or otherwise privileged]. Assault In order to prove that the Defendant has committed compensable assault upon the Plaintiff, Plaintiff must prove, by a preponderance of the evidence, which is more likely than not, that Defendant acted consciously with intent or desire to bring about the consequence, which places P in objectively reasonable apprehension of an immediate harmful or offensive touch, and Ps apprehension was reasonable . Trespass (land) In order to prove that the Defendant has committed compensable trespass upon the Plaintiff, Plaintiff must prove, by a preponderance of the evidence, which is more likely than not, that Defendant acted consciously and volitionally with the intent or desire to enter the land possessed by another/cause a thing/3 rd party to enter , remained on the land , or failed to remove a thing which he has a duty to remove. No proof of harm is required. Force to Recover – no force may be used to recover once disposed, only to prevent initially tort. Intent – desire or knowledge to a degree of certainty to perform or bring about the act that interferes with P’s right to possession. Trespass to Chattels (moveable, personal property)
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In order to prove that the defendant has committed compensable trespass to chattels, the Plaintiff must prove by a preponderance of the evidence, or more likely than not that the defendant intentionally dispossessed or intermeddled with moveable property in the possession of another, and the person is entitled to immediate possession , that interference caused dispossession to her detriment for a substantial time or injury to that property.
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