General Considerations for Intentional Torts

Question 1

Intentional Tort Prima Facie ccase

Answer 1

P must prove:
1) volitional act
2) intent to cause forbidden consequences
3) causation (substantial factor)

Question 2

Transfered Intent

Answer 2

D intents to commit a tort against one person but instead:
1) Commits a different tort against the same person
2) Commit it against a different person
3) Commits a different tort against a different person

Intent is transfered. But only applies to some torts

Question 3

Eggshell Rule

Answer 3

Hypersenstitivity of P is ignored.

Question 4

Incapacity defenses in intentional torts

Answer 4

Does not exist in torts.

You can sue a 9 year old. Or an insane person. Or a retard. Or a drunk.

Question 5

Torts with transfered intent:

Answer 5

1) Assualt
2) Battery
3) False Imprisonment
4) Tresspass to land
5) Trespass to chattels