Restatement (Second) of Torts · Section § 435
Overview of the principles regarding the liability of a person for their conduct resulting in harm to another.
Source: Restatement Restatement (Second) of Torts § § 435
A person who acts in a way that results in a legally recognized invasion of another's interests is liable for the resulting harm.
This section addresses the liability of individuals for the harm caused by their actions. It establishes that if someone's conduct leads to an infringement on another person's rights, they may be held legally responsible for the damages incurred.
This section emphasizes the principle of fault in tort law.
It clarifies that liability is tied to the conduct that results in harm, regardless of intent.
Illustration 1
If Person A negligently drives and injures Person B, A is liable for B's injuries under § 435.
Illustration 2
If a person throws a rock intending to hit a target but accidentally injures another person, they may still be liable even if there was no intent to harm that person.
This case illustrates the principle of proximate cause and how conduct can lead to liability based on foreseeable harm.
Understanding § 435 is crucial for determining tort liability. It aids in assessing cases where conduct results in harm, thus guiding both plaintiffs and defendants in tort litigation.