Concepts and Doctrines Related to the Intentional Torts

Question 1

Intent Required for Intentional Torts

Answer 1

In order to find that a tortious act was done
with intent, it must be established that the defendant had a conscious desire that the
result would occur, knew that the result would occur, or knew that the result was
substantially certain to occur.

Question 2

Substantial Certainty Doctrine

Answer 2

The Substantial Certainty Doctrine holds that if the
defendant does an act with the knowledge that it is substantially certain to produce a
particular result, the defendant is deemed to have intended the result and is liable for
his act.

Question 3

Transferred Intent Doctrine

Answer 3

The Transferred Intent Doctrine is applicable when a
defendant, while in the process of committing a tort against one person, unintentionally
harms a third person or commits a different tort. In such a case, the defendant’s
wrongful intent is transferred to include the unintended victim or tortious act.

Question 4

Trespass Ab Initio

Answer 4

Trespass ab initio is an entry upon the real property in possession
of another under a conferred legal right, and the subsequent abusing of that conferred
legal right through the commission of an assault, battery, false imprisonment, or
trespass.