Intentional Torts Background

Question 1

what 3 things must be proven to establish a prima facie case for an intentional tort?

Answer 1

1) an act by the defendant
2) intent by the defendant to so act
3) causation of the result to the plaintiff from the defendant’s act

Question 2

what type of act is required for intentional torts?

Answer 2

a volitional act by the defendant

Question 3

what type of intent is required for intentional torts?

Answer 3

defendant’s desire to produce the legally forbidden consequence

Question 4

what 3 situations does the doctrine of transferred intent apply to?

Answer 4

when a defendant intends to commit a tort against a person but instead:
1) commits a different tort against the intended person
2) commits the intended tort against a different person, or
3) commits a different tort against a different person

Question 5

when may transferred intent be invoked? (types of ITs)

Answer 5

when BOTH the tort intended AND the tort actually committed are one of the following:
- assault
- battery
- false imprisonment
- trespass to land
- trespass to chattels

Question 6

when is causation satisfied for intentional torts?

Answer 6

when the defendant’s conduct was a substantial factor in bringing about the injury