General Considerations for Intentional Torts

Question 1

what must a plaintiff prove to establish a prima facie case for ANY INTENTIONAL tort?

Answer 1

the P must prove:
(1) an ACT by the defendant;
(2) INTENT by the defendant
(3) CAUSATION of the result to the plaintiff from the defendant’s act

Question 2

what type of “act” is required by the defendant?

Answer 2

the act required is a VOLITIONAL MOVEMENT by the defendant

Question 3

what intent is required by the D?

Answer 3

the intent that is relevant for purposes of intentional torts is the INTENT TO BRIGN ABOUT THE FORBIDDEN CONSEQUENCES THAT ARE THE BASIS OF THE TORTS (does not need to intend the specific injury that results)

Question 4

what is the “transferred intent” doctrine and when does it apply?

Answer 4

the transferred intent doctrine applies when the defendant intends to commit a tort against one person but instead:
a) commits a DIFFERENT tort against that person;
b) commits the same tort as intended but against a DIFFERENT PERSON; or
c) commits a DIFFERENT TORT AGAINST A DIFFERENT PERSON

**the intent to commit a certain tort against one person is transferred to the tort ACTUALLY COMMITTED or to the person actually injured for the purposes of establishing a prima facie case

Question 5

when may transferred intent be invoked??

Answer 5

only if BOTH the tort intended AND the tort results are one of the following:
- assaut
- battery
- false imprisionment
- trespass to land
- trespass to chattels

Question 6

who is not capable of intent?

Answer 6

everyone is capable of intent!! incapacity is not a good defense - thus young children and persons who are mentally incompetent will be liable for their intentional torts

Question 7

what is “causation”?

Answer 7

the result must have been legally caused by the defendant’s act OR something set in motion by the defendant.

Question 8

when is causation satisfied?

Answer 8

causation is satisfied if the defendant’s conduct was a SUBSTANTIAL FACTOR in bringing about the injury