Intent Flashcards
Act
defendant engaged in a volitional act - a conscious decision to move
Intent
For the purpose of causing the outcome; or knowing the substantial certainty that the outcome would result from the act
Purpose of
acting with the purpose of causing the outcome
Substantial certainty
98% certainty that the result will occur
Children and Mentally Incompetent People
a child and a mentally incompetent person can be held liable for an intentional tort if they act with the purpose of or with substantial certainty
Transferred Intent Types
unintended victim, unintended tort, and intentional mistaken victim
TI: Unintended Victim
the tort against another person
TI: Unintended Victim Example
A swings at B, intending to hit B, but A actually hits C
TI: Unintended Tort
a different tort against a different person
TI: Unintended Tort Example
A intends to scare B by swinging at her (assault), but A actually hits B (battery)
TI: Intentional but mistaken victim
A kicks a person, thinking it’s A’s wife, B, it’s not-its C