Intentional Torts Overview/TI, Mistake & Insanity/Infancy

Question 1

What is the Transferred Intent Doctrine?

Answer 1

If the defendant intends to commit the intentional tort of battery, assault, false imprisonment, trespass to land, or trespass to chattels, but his act results in any of the other five intentional torts, the defendant is liable.

Question 2

Under what conditions is a defendant liable under the Transferred Intent Doctrine?

Answer 2

A defendant is liable if he intends to commit a battery, assault, false imprisonment, trespass to land, or trespass to chattels against one person but instead:
* commits a different intentional tort against that person
* commits the same intentional tort against a different person
* commits a different intentional tort against a different person.

Question 3

What is the Mistake Doctrine?

Answer 3

if D intends to act in a manner constituting an intentional tort, It is no defense that the defendant mistakes, even reasonably, the identity of the property or person he acts upon or believes incorrectly there is a privilege.

Question 4

Are insanity and infancy defenses for intentional torts?

Answer 4

Neither insanity nor infancy are defenses for intentional torts… but they could be relevant factors in determining subjective intent

Question 5

True or False: The Mistake Doctrine allows a defendant to claim a mistake as a defense if it was reasonable.

Answer 5

False

Question 6

What are the three elements required to establish a prima facie case for almost all intentional torts?

Answer 6

1. Voluntary Act by the Defendant
2. Intent
3. Causation

These elements are necessary for the plaintiff to prove liability in intentional tort cases.

Question 7

What does ‘Voluntary Act by the Defendant’ mean in the context of intentional torts?

Answer 7

The act that gives rise to the defendant’s liability must be based on a volitional bodily movement.

This indicates that the defendant must have acted voluntarily, not involuntarily.

Question 8

How is ‘Intent’ defined according to the Restatement (Second) of Torts, section 8A?

Answer 8

Intent requires ‘that the actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to result from it.’

This definition emphasizes the mental state of the actor regarding their actions.

Question 9

What is ‘Specific Intent’ in the context of intentional torts?

Answer 9

Intent is satisfied if the defendant desires to cause consequences of his act and the desired consequences constitute an intentional tort.

Specific intent focuses on the actor’s desire to achieve a particular result.

Question 10

What does ‘General Intent’ refer to in terms of intentional torts?

Answer 10

Intent is satisfied if the defendant is substantially certain that his acts will cause the elements of the intentional tort to occur.

General intent does not require a specific desire to bring about a result but rather a belief that the result is certain.

Question 11

What is the meaning of ‘Causation’ in the context of establishing liability for intentional torts?

Answer 11

The defendant’s act (or something set in motion by the defendant’s act) must be the legal cause of the result giving rise to liability.

Causation is typically satisfied when the defendant’s conduct is a substantial factor in bringing about the harm.