General Considerations

Question 1

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

Answer 1

(1) Act by D
(2) Intent by D
(3) Causation of result to P from D’s act

Question 2

Act by D

Answer 2

• Act required is a voluntary movement by D

Question 3

Intent

Answer 3

(1) D must have intent to bring about forbidden consequences that are basis of the tort.
(2) D does not need to intend specific injury that results.

Question 4

Transferred Intent

Answer 4

• Transferred intent doctrine: applies when D intends to commit a tort against one person but instead:
  (1) Commits a different tort against that person
  (2) Commits same tort as intended but against different person OR
  (3) Commits a different tort against a different person
• Intent to commit a certain tort against one person is transferred to tort actually committed/person actually injured for purposes of establishing a prima facie case.

Question 5

Limitations on Use of Transferred Intent - BAFTT

Answer 5

• Transferred intent may be invoked only if both the tort intended and the tort that results are one of the following:
  (1) Assault
  (2) Battery
  (3) False imprisonment
  (4) Trespass to land
  (5) Trespass to chattels

Question 6

Tip:

Answer 6

Everyone is “capable” of intent. Incapacity is not a good defense. Thus, young children and persons who are mentally incompetent will be liable for their intentional torts.

Question 7

Causation

Answer 7

• The result must have been legally caused by the D’s act or something set in motion by the D.
• Causation is satisfied if the D’s conduct was a substantial factor in bringing about the injury.