mod 2 Flashcards
(27 cards)
What is the general definition of intent in tort law?
The mental state where the defendant either desires the result of their act or knows with substantial certainty that the result will occur.
What is intent as desire?
When a defendant specifically wants a tortious consequence to happen.
What is intent as substantial certainty?
When a defendant doesn’t desire a result but knows with virtual certainty it will happen.
What is transferred intent?
A doctrine that allows intent to commit one of five intentional torts to transfer to another tort or victim.
What are the five torts where transferred intent applies?
Battery, assault, false imprisonment, trespass to land, and trespass to chattels.
What does the mistake doctrine state about intentional torts?
A defendant who intends to commit a tort is liable even if they reasonably mistake the identity of the person or property involved.
How does tort law treat defendants who are insane?
Insanity is not a defense to intentional torts. However, if the insane person lacks the ability to form intent, they may not be liable.
Infancy in torts
Like insanity, it is not a defense. A child may still be liable if they form the requisite intent.
What is battery?
The intentional infliction of harmful or offensive contact with another’s person without consent.
What qualifies as harmful contact?
Contact that causes physical injury or pain.
What qualifies as offensive contact?
Contact that offends a reasonable sense of personal dignity.
What is required for causation in battery?
The defendant’s voluntary act must legally cause the harmful or offensive contact.
What is the dual intent rule? (minority rule)
Some courts require intent to cause contact and intent that the contact be harmful or offensive.
What is the single intent rule? (majority rule)
Most courts only require intent to cause contact that society deems harmful or offensive.
Can battery occur if the victim is unaware of the contact at the time?
Yes. Awareness is not required for battery to occur.
What is the difference between harmful and offensive contact?
Harmful contact causes physical injury; offensive contact violates personal dignity.
Does intent to make contact suffice for battery in most courts?
Yes, under the single intent rule, intent to make contact is sufficient if the contact is deemed harmful or offensive.
What policy rationale supports the tort of battery?
It protects bodily autonomy, deters violence, and validates psychological harm.
Is liability for battery limited to the harm the defendant intended?
No. Defendants may be liable for unforeseen harm resulting from their intentional act.
What are the two types of intent recognized in tort law?
Intent as desire and intent as substantial certainty.
Is it enough that a reasonable person would have known the outcome of a tortious act?
No. The test is subjective; the defendant must have actually desired or known the result.
What are the five torts where transferred intent applies?
Battery, assault, false imprisonment, trespass to land, and trespass to chattels.
Can transferred intent apply to different victims?
Yes. Intent aimed at one person can transfer to another person injured by the act.
