Intentional Torts Basics Flashcards
Elements of Intentional Torts
Voluntary Act
Intent
Causation
Harm
Definition of Voluntary Act
Something conscious or willed, as opposed to purely reflexive.
EXAMPLE: Tom pushes Derik into Priscilla and Priscilla sues Derik. No liability for an intentional tort because Derik did not engage in any voluntary act.
EXAMPLE: Dina, during a sudden epileptic seizure, hits Polly. There is no liability because Dina did not intend the contact and there was no voluntary act.
Definition of Intent
D either:
o desires the act to cause harmful result (purpose intent), or
o knows with substantially certainty that such a result will occur (knowledge intent).
Transferred Intent Definition
If D acts with necessary intent to inflict certain intentional torts against P, but causes injury to victim, then D’s intent is transferred to victim.
EXAMPLE: Dillan throws a rock at Xavier, but the rock misses Xavier and hits Pete instead. Pete sues Dillan. Dillan would be liable to Pete because he intended to commit a battery on Xavier and his bad intent will transfer to Pete.
What crimes does transferred intent apply to?
battery
assault
false imprisonment
trespass to land
trespass to chattels
Definition of Causation
D’s act or a force set in motion by D causes P’s injury.
Definition of Harm
Varies based on the kind of tort
Ways to establish harm
1) establish elements of the tort; 2) prove specific injury
Liability of an intention tort requires that:
there are no applicable privileges or defenses!
Defenses - general principles of all intentional torts?
- P’s extreme or hypersensitivity in intentional torts - NOT APPLICABLE - always assume you’re dealing with person of ordinary sensitivity
- No incapacity defenses in intentional torts (kids, ppl with mental/physical disorders/disabilities, ppl who are drunk/high, etc… can be liable)
