SCMA 323 Lecture Notes - Lecture 3: Contributory Negligence, Punitive Damages, Strict Liability
31 Jan 2017
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Injured party brings civil lawsuit to seek compensation for a wrong done to the party or to the part(cid:455)"s propert(cid:455: key : harm to the person or property. If the victim of a tort dies, beneficiaries can bring a wrongful death action against defendant to recover damages. Category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiffs injuries: assault. Threat of immediate harm or offensive contact. Any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary: battery. Unauthorized and harmful or offensive physical contact with another person that causes injury. Someone stealing from you at gunpoint and they touch you or your belongings. There can be direct and or indirect physical contact between victim and perpetrator. May accompany assault: doctrine of transferred intent. Applies when a person acts with the intent to injure one person but actually injures another.
