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11 Cards in this Set
- Front
- Back
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What is the definition of intent?
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When a reasonable man performs an action that he believes a particular result is substantially certain to occur.
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What if a minor (or mentally handicapped person) is substantially certain that an action will produce a result, is the minor liable?
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Yes.
Garratt v. Dailey McGuire v. Almy |
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Case Description:
Spivey v. Battaglia |
Def' came up to plf' and gave her an unwarranted hug. As she pulled away from the hug, freak accident occurred. No intent- cannot be subst. certain to occur.
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Case Description:
Garrat v. Dailey |
Def', a young child, pulled chair out of old arthritic lady. Court found that def' knew that if child was subst. certain that if he pulled the chair out she would fall - he had intent.
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What if a man intends to injur someone, but misses his target? Is he still liable?
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Yes. He still had intent.
Ransom v. Kitner |
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Case Description:
Ranson v. Kitner |
Appellants were hunting for wolves and the dog had a resemblance of a wolf. The appellant accidentally shot the appellee’s dog. Def' had intent to kill, just made a mistake. Still liable.
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What is transferred intent?
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It occurs if you intend the result on one individual, but you hit another - the intention still exists, but ONLY APPLIES FOR ASSAULT, BATTERY & FALSE IMPRISONMENT.
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What types of torts are subject to transferred intent?
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Assault, Battery & False Imprisonment.
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Case Description:
McGuire v. Almy |
Court does not want to bear the burden of determining mental capacity. Def' was capable of intent.
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Why hold a mental hanicapped person liable for intent?
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1. Encourages relatives to exercise more control
2. Someone has to be responsible and it can't be the innocent party 3. Court does not want to introduce the difficulties of determining mental capability 4. Civil courts should engage not in those that the criminal courts already have |
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Case Description:
Talmage v. Smith |
Def, in an attempt to scare boys off his shed, threw a stick and ‘accidentally’ hit a boy out of sight causing loss of vision in an eye. Held liable for transferred intent.
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