General Considerations for Intentional Torts

Question 1

Elements Required for Prima Facie Intentional Tort Case

Answer 1

Pl must prove:
- an act by the defendant (some kind of volitional movement required)
- intent by the defendant
- causation of the result to the plaintiff from the defendant’s act

Question 2

Transferred Intent

Answer 2

Applies when def intends tort against one person but instead:
- commits a different tort against that person OR
- commits the intended tort against a different person OR
- commits a different tort against a different person

• in these cases, intent to commit a certain tort against one person is transferred to the tort actually committed or to the person actually injured for purposes of establishing a prima facie case

Question 3

Limitations on Use of Transferred Intent

Answer 3

May be involved only if BOTH the intended tort + the resulting tort are one of the following:
- assault
- battery
- false imprisonment
- trespass to land
- trespass to chattels

Question 4

Intentional Torts and Capacity

Answer 4

• incapacity is NOT a good defense for intentional torts
• young children and persons who are mentally incompetent will be liable for their intentional torts

Question 5

Causation

Answer 5

• result must have been legally caused by the def’s act or something set in motion by def
• satisfied if def’s conduct was a substantial factor in bringing about the injury