General Considerations for Intentional Torts

Question 1

Prima Facie Case for any Intentional Tort

Answer 1

To establish a prima facie case for any intentional tort, the plaintiff must prove:

1) an act by the defendant (requires a volitional movement)
2) intent by the defendant
3) causation of the result to the plaintiff from the defendant’s act

NOTE - there are no incapacity defenses to intentional torts

Question 2

Intent for Intentional Torts

Answer 2

The intent that is relevant for the purposes of intentional torts is the intent to bring about the forbidden consequences that are the basis of the tort. The defendant does not need to intent the specific injury that results.

Question 3

Transferred Intent

Answer 3

The transferred intent doctrine applies when the defendant intends to commit a tort against one person but instead:

1) commits a different tort against that person;
2) commits the same tort as intended, but against a different person; or
3) 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 proving a prima facie case.

Question 4

When Transferred Intent Applies

Answer 4

Transferred intent may be invoked only if both the tort intended and the tort that results are one of the following:

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

Question 5

Incapacity Defense and GA Distinction

Answer 5

MBE - everyone is capable of intent, therefore incapacity is not a defense - young children and persons mentally incompetent will be liable for their intended torts

GA - infancy is a defense to tort actions for children under the age of 13 (this applies to negligence as well)