T1 - Gen Cons Int Ts

Question 1

GENERAL CONSIDERATIONS FOR INTENTIONAL TORTS
To establish a prima facie case for any intentional tort, the plaintiff must prove:

Answer 1

To establish a prima facie case for ANY intentional tort, the plaintiff must prove:
• An act by the defendant
• Intent by the defendant
• Causation of the result to the plaintiff from the defendant’s act.

Question 2

ACT BY DEFENDANT

Answer 2

The act required is a volitional movement by the defendant.

Reflexive moveemnts are volitional bc theyre dictated by the mind.

Not volitional: Epileptic attack, being pushed into someone.

Question 3

INTENT

Answer 3

The intent that is relevant for purposes of intentional torts is the intent to bring about the forbidden consequences that are the basis of the tort.
An actor “intends” the consequences of his conduct if his purpose in acting is to bring about these consequences or if he knows with substantial certainty that these consequences will result.

a. Actor Need Not Intend Injury: The defendant does not need to intend the specific injury that results.
A person may be liable even for an unintended injury if he intended to bring about such “basis of the tort” consequences.

EX: Intent for battery: A intends to push B and does so. B falls and breaks his arm. This conduct gives rise to a cause of action for battery. The “consequences” that are the basis of this tort are harmful or offensive contact to the plaintiff’s person. In this case, the actor intended to bring about harmful or offensive contact to B. Hence, he will be liable even though it was not intended that B break his arm.

Question 4

Transferred Intent

Answer 4

The transferred intent doctrine applies when the defendant intends to commit a tort against one person but instead:
• Commits a different tort against that person, OR
• Commits the same tort as intended but against a different person, OR
• Commits a different tort against a different person

In such cases, the intent to commit a certain tort against one person is transferred to the tort actually committed or to the person actually injured for purposes of establishing a prima facie case.

Limitations on Use of Transferred Intent:
Transferred intent may be invoked ONLY if BOTH the tort intended and the tort that results are BOTH one of the following:
• Assault
• Battery
• False imprisonment
• Trespass to land
• Trespass to chattels

Question 5

A defendant who acts with the intent to commit an assault but whose conduct actually constitutes a battery is liable for….

Answer 5

A defendant who acts with the intent to commit an assault but whose conduct actually constitutes a battery is liable for battery.

Question 6

Limitations on Use of Transferred Intent

Answer 6

Transferred intent may be invoked ONLY if both the tort intended and the tort that results are BOTH one of the following:
• Assault
• Battery
• False imprisonment
• Trespass to land
• Trespass to chattels

Question 7

Incapacity as a defense to intent?

Answer 7

Everyone is “capable” of intent. Incapacity is not a good defense. Thus, young children and persons who are mentally incompetent will be liable for their intentional torts.

Question 8

CAUSATION

Answer 8

The result giving rise to liability must have been legally caused by the defendant’s act or something set in motion by the defendant.
Causation is satisfied if the defendant’s conduct was a substantial factor in bringing about the injury.

In most cases, causation will not be at issue when you are analyzing an intentional tort because it is usually obvious that the defendant’s conduct was a substantial factor in causing the harm.

Question 9

MinorsandIncompetentsCanHaveRequisiteIntent

Answer 9

Under the majority view, both minors and incompetents will be liable for their intentional torts; i.e., they are held to possess the requisite intent.