Intent

Question 0

Tests to determine Intent:

Answer 0

1) defendant had the purposeful desire to cause harm or offense.
A) must be DELIBERATE desire to cause harm or offense
B) intent to cause harm is not enough.
2) defendant knew contact was substantially certain to cause harm or offense.
A) held to an OBJECTIVE STANDARD (reasonable person standard). Subjective thoughts of D doesn’t matter.

Question 1

Define Intent:

Answer 1

In order that an act may be done with the intention of bringing about a harmful or offensive contact… The act must be done for the purpose of causing the contact. Or with the knowledge on the part of an actor that such contact… Is substantially certain to be produced.

Question 2

How do courts determine if a child (or child’s parents) is liable for a tort?

Answer 2

Courts look at an individual child’s ability to form the necessary intent.

Under common law, parents cannot be vicariously liable for torts of their children, but all states impose liability on parents for a child’s tort. There is two significant limitations:

1) child’s tort must have been committed willfully and wantonly
2) damages are capped at a very low amount.

Question 3

When is liability given for children torts cases:

Answer 3

A) under 5: never liable except under very rare circumstances
B) between 5 and 10: probably not liable, but each case is examined to see if the child could form SUBSTANTIAL CERTAIN INTENT.
Substantially certain intent is: knowledge that an outcome is substantially certain to result in harmful or offensive contact.

Question 4

Why can mentally ill be found liable for a tort?

Answer 4

Policy reasons. But the person must have intended to commit a harmful or offensive contact. This makes it difficult to prove that a mentally deficient person had the necessary intent.

Question 5

What is transferred intent?

Answer 5

An actor is subject to liability to another for battery if they act intending to cause a harmful or offensive contact with another person, or an imminent apprehension of such a contract, and a harmful or offensive contact with another person directly or indirectly results.

Question 6

Two types of transferred intent

Answer 6

1) A tortfeasor intends a tort on one person, but commits a tort on another.
2) A tortfeasor intends one tort, but accomplishes another.