ACT
An Act by the Defendant: Some form of voluntary movement; often liberally construed.
Intent
It can be specific intent (the goal in acting is to bring about the specific consequences) or general intent (individual knows with substantial certainty that these consequences will result).
Causation
If the defendant’s conduct was a substantial factor in bringing about the injury, causation will be satisfied
_______and ______ are applicable for all intentional torts
Intent and causation are applicable for all intentional torts
When can the doctrine of Transferred intnet be applied
The doctrine can be applied when the defendant intends to commit a tort against one person, but instead commits:
a. A different tort against that person;
b. The same tort as intended but against a different person; or
c. A different tort against a different person.
The Doctrine of Transferred intent does what?
The intent is transferred from the intended tort to the committed tort for purposes of establishing a prima facie case
Transferred intent may be invoked only if both the tort intended and the resulting torts are one of the following.
Assault
Battery
False Imprisonment
Trespass to Land
Trespass to Chattels.
Is Incapacity a defense for intentional torts
Incapacity is not a defense to intentional torts.
Every defendant who commits the checklist of elements should be held liable. It does not matter if you are a child, insane or under the influence of drugs/alcohol.