Elements of Torts

Question 1

Voluntary Act

Answer 1

The defendant’s actions must be voluntary (e.g., not a reflex).

Question 2

Intent

Answer 2

The defendant must have specific or general intent to commit the act.

Question 3

Specific Intent

Answer 3

An actor has specific intent when the actor acts with the purpose of causing the consequence.

Question 4

General Intent

Answer 4

An actor has general intent when the actor knows that the consequence is substantially certain to occur.

Question 5

Causation

Answer 5

Causation is satisfied if the defendant’s conduct was substantial factor in bringing about the harm.

Question 6

Transferred Intent

Answer 6

The transferred intent doctrine allows the defendant to be held liable when the defendant intends to commit an intentional tort against one person but instead commits:

a) a different intentional tort against the same person;
b) the same intentional tort against a different person; or
c) a different intentional tort against a different person

Question 7

Transferred intent cont’d…

Answer 7

the transferred intent doctrine applies to the intentional torts of:

1. assault
2. battery
3. false imprisonment
4. trespass to land
5. trespass to chattels