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An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable ...
Causation is typically a bigger issue in negligence cases than intentional torts. However, as mentioned previously, it is an element of any tort. The defendant's act must be an actual cause and a proximate cause of the result in a particular cause of action.
Dailey, 46 Wash. 2d 197, 279 P.2d 1091 (Wash. 1955) is an American tort law case that illustrates the principle of "intent" for intentional torts. [ 1 ] [ 2 ] [ 3 ] Background
In a majority opinion by Justice Stevens, the Court noted that the injury arose from two claims: negligence by Carr's co-workers and assault by Carr. In United States v. Muniz, 374 U.S. 150 (1963), the Supreme Court held that the intentional tort exception did not apply when prison guards were negligent in preventing a prisoner from assault ...
Conversion (law) – An intentional tort to personal property where the defendant's willful interference with the chattel deprives plaintiff of the possession of the same. Nuisance – Denial of quiet enjoyment to owners of real property. A private nuisance is an unreasonable, unwarranted, or unlawful interference with another person's private ...
A loss or injury to the client caused by the negligence, and Financial loss or injury to the client. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ( "but for" causation ). [ 3 ]
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Decided November 17, 1948; Full case name: Charles A. Summers v. Howard W. Tice, et al. Citation(s) 33 Cal.2d 80 199 P.2d 1: Holding; When a plaintiff suffers a single indivisible injury, for which the negligence of each of several potential tortfeasors could have been a but-for cause, but only one of which could have actually been the cause, all the potential tortfeasors are jointly and ...