Intent

Question 1

Single Intent

Answer 1

Defendant must intend to cause a contact with the plaintiff.

Third Restatement

Question 2

Dual Intent

Answer 2

Defendant must intend to (1) cause a contact with the plaintiff (2) that is harmful or intensive.

Second Restatement

Question 3

Transferred Intent Doctrine

Answer 3

Applies where defendant intends to commit a tort against one person but:
1) commits a different tort against that person;
2) commits the intended tort but against a third person; or
3) commits a different tort against a different person

Question 4

The intent to contact is satisfied if….

Answer 4

The defendant either:
A. Acts with the purpose to cause the consequence or
B. has knowledge that the consequence is substantially certain to occur.

Question 5

An intent to cause a contact that is (a) harmful or (b) offensive is shown if….

Answer 5

the defendant either:

A. Desires to harm or is substantially certain the contact will harm, the plaintiff; or

B. Desires to offend the plaintiff or is substantially certain the contact will offend a reasonable sense of personal sense of personal dignity, i.e. it would be offensive to an ordinary reasonable person under the circumstances.

Intent to inflict injury not strictly required.

Question 6

Substantial Certainty Test - Intent to cause harm or offense

Answer 6

Requires that the person allegedly committing the battery knew with substantial certainty that the action would cause harm or offend a reasonable sense of personal dignity.

Question 7

To what torts does transferred intent apply?

Answer 7

1. Battery
2. Assault
3. False imprisonment
4. Trespass to land
5. Trespass to chattel