Torts

Front 1

what is wired to establish a prima facie case of an intentional tort?

Back 1

To establish a prima facie case of intentional tort year must have three things:

1. Act by the defendant (the active quarter is a volitional movement by the defendant.)
2. intent–intent may be either (i) specific (the will and acting is to bring about specific consequences) or (ii) general (the actor knows with substantial certainty that these consequences will result).
3. Causation–the result must have been legally caused the defendants act or something set in motion by him causation is satisfied if defendant's conduct was a substantial factor in bringing about the injury.

Front 2

What is the general transferred intent?

Back 2

General rule–transferred intent doctrine applies when:
(i) the defendant intends to commit a tool against one person but instead commits a different tool against that person; or
(ii) commits the same tort as intended but against a different person; OR
(iii) commits a different tort against a different person.

Hint 2

In such cases, the intent to commit a certain tort against one person is transferred to the tort actually committed or to the person actually injured for the purposes of establishing prima facie case.

Front 3

To what intentional torts does the doctrine of "Transferred Intent" apply?

Back 3

TI can only be invoked 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; or Trespass to Chattels