Liability Rules

Question 1

When is conduct intentional?

Answer 1

When defendant (a) desires to cause the consequences of his act, or (b) knows or believes the consequences of his act are substantially certain to result.

Question 2

Ordinarily how is intent proven?

Answer 2

By circumstantial evidence. It is inferred that defendant intended the natural and probable consequences of his acts in light of the surrounding circumstances of which he may be assumed to be aware.

Question 3

What is motive?

Answer 3

The defendant’s reason for desiring the consequences.

Question 4

When are children held liable for intentional torts?

Answer 4

When they are found capable of forming the required intent.

Question 5

At what age do some states find children conclusively incapable of harmful intent?

Answer 5

Under age six or seven.

Question 6

Are mentally incompetent or insane persons liable for intentional torts?

Answer 6

Yes, in most jurisdictions.

Question 7

What is the doctrine of transferred intent,

Answer 7

It is an expanded rule of proximate cause applicable to assault, battery, false imprisonment, trespass to land and trespass to chattel.

Question 8

What is the scope of liability under the proximate cause theory?

Answer 8

The defendant is liable for all the consequences of that harm even if unintended, unlikely or unforeseeable, physical or mental.