Intentional Torts

Question 1

Meaning of Intent

Answer 1

The actor DESIRED or was SUBSTANTIALLY CERTAIN of causing certain consequences.

Question 2

Subjective Standard for Intent

Answer 2

Actual or internal desires.
Focus on what the actor actually desired or believed.

Question 3

Objective Standard for Intent

Answer 3

Focus on whether a reasonable person in the actor’s position would be “substantially certain” of causing that result.

Question 4

Doctrine of Transferred Intent

Answer 4

An action need not be directed at the plaintiff in order to give rise to liability for torts (assault, battery, trespass to chattel, trespass to land, and false imprisonment)

Question 5

Transferred Intent: Battery

Answer 5

It is enough that the actor intends to produce such an effect upon some other persona and that his act so intended is the legal cause of harmful contact to the other.

Question 6

5 Common Law Torts where the Doctrine of Transferred Intent is Applicable?

Answer 6

Assault, battery, trespass to chattel, trespass to land, and false imprisonment.

Question 7

Mistake of Fact for Intent (Mistake Doctrine for Intent)

Answer 7

A defendant’s reasonable mistake as to a critical factual predicate is not a defendant, so long as the defendant acted in a fashion that would otherwise establish the tort and has caused the innocent plaintiff compensable harm. (think identity to property or ownership and accidentally trespassing thinking it was still your land)

(“Where a loss must be borne by one of two innocent persons, it shall be borne by him who occasioned it.”

Question 8

Mental Disabilities and Intent: is there generally a defense?

Answer 8

No, mental illness or disability is simply not a defense. However, the intent required by a jurisdiction is critical. Intent requires that the defendant actually desires or is substantially certain the elements of the tort will occur. Consequently, if the defendant is extremely mentally disabled or very young, she may not actually possess the requisite intent.

Question 9

Eggshell Plaintiff

Answer 9

The notion that the defendant takes the plaintiff “as is”. The defendant is still liable for the intentional tort, even if he did not mean the full extent of harm done in order to be held liable for it.