Elements United States tort law

1 elements

1.1 intent

1.1.1 transferred intent


1.2 act
1.3 result
1.4 causation

elements

the elements of intentional torts follow same pattern: intent, act, result, , causation.

intent

this element typically requires defendant desire or know substantial certainty occur result of act. therefore, term intent, purposes of section, includes either desire or knowledge substantial certainty.

for example in battery, dave shoots gun crowd of people because trying hit bullet. element satisfied, david had actual desire procure harm required tort. alternatively, dave shoots gun crowd of people reason , genuinely hopes no 1 gets hit knows virtually inevitable hit. element still satisfied, david had knowledge substantial certainty harm result.

in contrast, if can said defendant s state of mind should have known better, not liable intentional tort. situation might occur if, opposed examples above, dave shoots gun in remote part of desert without looking fun, not wanting hit anyone, bullet hit someone. dave did not have desire or knowledge substantial certainty hit in situation. may, however, liable other tort, namely negligence.

transferred intent

transferred intent legal principle intent can transferred 1 victim or tort another. [1] in tort law, there 5 areas in transferred intent applicable: battery, assault, false imprisonment, trespass land, , trespass chattels. generally, intent cause 1 of these 5 torts results in completion of of 5 tortious acts considered intentional act, if actual target of tort 1 other intended target of original tort.

act

the element of act varies whatever tort in question requires voluntariness. example, if dave has muscle spasm makes arm fling out side , hit paula, standing next him, case paula attempts bring against dave battery fail lack of requisite act (which discussed in section on battery, below). act not voluntary.

result

this element typically refers damage, although damage not required prevail on intentional torts, such trespass land.

causation

this element refers actual cause , proximate cause. treated in own section.