Intentional Torts: Understanding Intent

Intent in Tort Law

General Understanding of Intent

  • In everyday language, intent refers to a person's desire or expectation.

Nuanced Definition of Intent in Tort Law

  • In tort law, intent has a specific and precise definition.
  • To be liable for an intentional tort, the defendant must have:
    • Performed a volitional act.
    • Possessed the intent to bring about a particular consequence.
Volitional Act
  • A volitional act is a conscious and deliberate action.
    • Example: Sam throws a snowball at Ashland. The act of throwing the snowball is volitional because Sam consciously chose to do it.
    • Non-Example: A doctor taps a patient's knee to test reflexes, and the patient's leg kicks the doctor. This is not volitional because the patient did not consciously intend to kick the doctor.

Intent Element in Tort Law

  • Intent in tort law refers to the defendant's mental state.
  • Two types of intent are considered:
    • Specific Intent: The defendant acted with the specific purpose to bring about a particular consequence.
    • General Intent: The defendant acted with knowledge to a substantial certainty that a particular consequence would occur.
Specific Intent
  • Exists when the defendant's purpose is to bring about a particular consequence.
General Intent
  • Exists when the defendant is ambivalent toward the consequence but knows with substantial certainty that the consequence will occur.
  • Important: General intent, which involves knowledge to a substantial certainty, should not be confused with careless or reckless behavior.
  • The standard for general intent requires near certainty, approximately 98-99%.

Battery Example

  • Battery is an intentional tort that occurs when the defendant intentionally causes harmful or offensive contact to the plaintiff's person.
Specific Intent Example (Battery)
  • Karen travels to Just Desserts Bakery but finds the butter tarts sold out. Frustrated, she threatens a one-star Yelp review. The manager throws a croissant at Karen, hitting her in the face.
  • The manager acted with specific intent because their purpose was to hit Karen with the croissant, causing offensive contact.
General Intent Example (Battery)
  • A loyal customer, frustrated by Karen's behavior, flips a tray next to Karen. A croissant flies off the tray and hits Karen in the face.
  • Even if the customer's purpose wasn't to hit Karen, they acted with general intent.
  • They engaged in a volitional act (flipping the tray) and knew with substantial certainty that Karen, standing nearby, might be hit by something as a result.

Motive vs. Intent

  • Motive is not synonymous with intent.
  • Motive refers to the reason why someone takes action.
  • Intent refers to the mental state related to the consequences of the action.
Examples
  • Doctors can be liable for intentional torts even if their motive is to help a patient. If a doctor removes a mole during an operation without consent, they commit battery due to the intent to cause offensive contact, even if the motive was to benefit the patient.
  • A 10-year-old who trips a friend as a joke commits battery because they intended to cause contact, even if their motive was simply to be funny.

Doctrine of Transferred Intent

  • Transferred intent is a legal concept that allows the defendant's intent to be transferred:
    • From Person to Person
    • From Tort to Tort
    • From Person to Person and Tort to Tort
Person to Person
  • Tad aims a spitball at his friend Lil Rob but misses and hits his teacher.
  • Under transferred intent, Tad is liable for battery against his teacher because his intent to cause offensive contact against Lil Rob is transferred to the actual contact made with the teacher.
Tort to Tort
  • Tad aims a spitball at Lil Rob but misses, hitting Lil Rob's water bottle instead, causing water to spill on Lil Rob's computer.
  • Tad's intent to cause a battery on Lil Rob can be transferred to establish the intent for trespass to chattels or conversion with respect to Lil Rob's computer.
Person to Person and Tort to Tort
  • Tad aims a spitball at Lil Rob but misses entirely and hits a water bottle on Sharon's desk, causing water to spill on her computer.
  • Tad's intent to cause an intentional tort against Lil Rob is transferred to Sharon and from battery to trespass to chattels or conversion.

Liability of Children for Intentional Torts

  • Children can be liable for their intentional torts.
  • If a child had the capacity to intend the natural consequences of their actions and intended those consequences, they are liable.