Intent Flashcards
Single Intent
Defendant must intend to cause a contact with the plaintiff.
Third Restatement
Dual Intent
Defendant must intend to (1) cause a contact with the plaintiff (2) that is harmful or intensive.
Second Restatement
Transferred Intent Doctrine
Applies where defendant intends to commit a tort against one person but:
1) commits a different tort against that person;
2) commits the intended tort but against a third person; or
3) commits a different tort against a different person
The intent to contact is satisfied if….
The defendant either:
A. Acts with the purpose to cause the consequence or
B. has knowledge that the consequence is substantially certain to occur.
An intent to cause a contact that is (a) harmful or (b) offensive is shown if….
the defendant either:
A. Desires to harm or is substantially certain the contact will harm, the plaintiff; or
B. Desires to offend the plaintiff or is substantially certain the contact will offend a reasonable sense of personal sense of personal dignity, i.e. it would be offensive to an ordinary reasonable person under the circumstances.
Intent to inflict injury not strictly required.
Substantial Certainty Test - Intent to cause harm or offense
Requires that the person allegedly committing the battery knew with substantial certainty that the action would cause harm or offend a reasonable sense of personal dignity.
To what torts does transferred intent apply?
- Battery
- Assault
- False imprisonment
- Trespass to land
- Trespass to chattel