6-Step Micro Lesson · ~4 min
Transferred Intent
When does intent aimed at one tort, or one victim, transfer to another?
這一課問的是：針對某一侵權／某一對象的故意，何時會「轉移」到實際發生的那一個？
4 key terms
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One exam-ready rule
Under transferred intent, if the defendant intends one of the five trespassory torts but a different one of those torts, or a different victim, results, the intent transfers and the defendant is liable for the tort that actually occurs..
Quick analysis
Issue
Is D liable to B for battery when D threw a rock at A but the rock struck B instead?
Rule
Under transferred intent, intent to commit a trespassory tort against one person transfers to the person actually harmed.
Application
D threw a rock at A, intending to strike A, but the rock missed A and hit B. Because transferred intent moves the defendant's intent to the actual victim, the fact that D intended a harmful contact and a harmful contact with B in fact resulted means .
Conclusion
Therefore, D is liable to B for battery.
Lock it in
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