General Considerations for Intentional Torts

Question 1

To establish a prima facie case for any intentional tort, plaintiff must prove

Answer 1

(1) An ACT by the defendant

(2) INTENT by the defendant

(3) CAUSATION of the result to the plaintiff from the defendant’s act

Question 2

T or F: Hypersensitivity of the Plaintiff is considered

Answer 2

False, reasonable person standard

Question 3

What is intent for the purposes of intentional torts?

Answer 3

The intent to bring about forbidden consequences that are the basis of the tort

Question 4

Transferred intent (3)

Answer 4

When the defendant intends to commit a tort against one person but instead:

(1) Commits a different tort against that person

(2) Commits the same tort as intended but against a different person; OR

(3) Commits a different tort against a different person

Question 5

Transferred intent is limited to one of the following (5)

Answer 5

• Assault
• Battery
• False Imprisonment
• Trespass to land
• Trespass to chattels

Question 6

Causation in intentional torts

Answer 6

Causation is satisfied if the defendant’s conduct was a substantial factor in bringing about the injury