Torts Outline - Torts, Fall 2005 Bohannan I. Intentional...

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Torts, Fall 2005 Bohannan I. Intentional Torts to Persons, Land, and Chattels ( arising from trespass actions) A. Intention Generally generally, insane persons may be held liable for intentional and negligent torts (because can intend to actually commit the tort, etc., while not knowing exactly who he is hitting—like transferred intent)—still choice to commit the act (whether the choice was rational or not is immaterial) 1. Intent : A person acts intentionally where: a. he subjectively desires to cause the consequences of his act, or b. the consequences are substantially certain to result from it (the law presumes that the person intends the natural and probable consequences of his acts in light of the surrounding circumstances of which he may be assumed to be aware) RTT §1: Intent A person intentionally causes harm if the person brings about that harm either  purposefully or knowingly. (1) Purpose.  A person purposefully causes harm if the parson acts with the  desire to bring about that harm. (2) Knowledge.  A person knowingly causes harm if the person engaged in  action knowing that harm is substantially certain to occur. 2. Types of Tortious Intent a. specific intent : where the D acts desiring that his conduct cause the resulting consequences b. general intent : where the D acts knowing with substantial certainty that his conduct will cause the resulting consequences c. transferred intent : in certain cases, where the D intends tortious conduct against one party but the resulting harm is caused upon another party. Irrespective of motive, D’s intent is said to be transferred from the intended party to the party actually harmed (only applies to assault, battery, false imprisonment, trespass to land, trespass to chattels), as long as the harm is direct and immediate ( Talmage , where the D threw a stick at two of P’s companions, court held claim that D did not intend to hit the P immaterial, as he had an intention to inflict injury on someone) i. may apply if D commits the tort intended but against a different person ii. may apply if D intends to commit one tort but causes another (i.e. intends assault but battery results) does not apply to I.I.E.D. iii. may apply if the D commits a different tort against different person d. minors and incompetent persons are generally held liable for intentional torts they commit, even where they lack knowledge that the consequences are wrong or foreseeable ( Garratt , where 5-year-old was held liable for injury resulting from an intentional movement of a chair of arthritic woman; also McGuire , where the D was an insane person, D was capable of intent necessary for tort of assault and battery to P nurse; also Polmatier where the D was schizophrenic and murdered his father-in-law) e. thus, a prima facie case may be generally established when the P proves the D intentionally invaded a protected interest—the burden is then upon the D to show
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This note was uploaded on 03/27/2008 for the course LAW 101 taught by Professor Bohannan during the Fall '08 term at University of Iowa.

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Torts Outline - Torts, Fall 2005 Bohannan I. Intentional...

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