BUSA 2106 Study Guide - Midterm Guide: Saleen, The Home Depot, Intentional Tort

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A civil wrong, where the actions/behavior of one unfairly cause harm or injury to another. An act: if the act is intended = intentional tort. If the act is unintentional = negligence, a results and damages. Tortfeasor (defendant) actually meant to take the complained-of action. If the tortfeasor intended a specific harm to result from the act, it is specific intent. If the tortfeasor just intended the act itself (not the specific harm), having knowledge that the act would have some consequence, it is general intent. Transferred intent occurs when the tortfeasor intends to act towards/upon one party; however, that intentional act actually injures someone completely different. Defendant makes a false statement (or material/important omission); with scienter (knowledge of the falsity); having intent to induce the plaintiff to do or not do something; and. The plaintiff justifiably relies on the false statement and does/does not do that thing. Dealership (salesman, etc. ) tells johnson car is a mustang saleen.