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I appreciate yr thorough Ansr.
My Q extends /compounds hence wl entail bonus.
What's the weight of evidence
1) For "gross" negligence (same 51% like negligence) or something else?
2) For "intention" ?
3) Does "intention" constitute Malice + Battery hence Punitive?
4) If I sue for both Gloss Negligence and Battery, then will it be classified under Negligence or Intentional Tort or can I classify the lawsuit with both?
(Pls use my nick only)
To my Q # XXXXX) Does "intention" constitute Malice+ Battery hence Punitive?
I appreciate its definition but Let's not assume its likelihood (which is a Q of fact). Let's focus on the Q of law here.
If the element of Intent can be proved, then Malice then Punitive follows as logical sequence, doesn't it?
Intent to do harm constitutes Malice in CCC § 3294(a), doesn't it?
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