Transferred Intent

Please also note that transferred intent applies even where the tort committed against B was not the tort the defendant intended to commit against A.

Transferred intent. 7242018 What is the Purpose of Transferred Intent. 1 27 1998 quoting State v. 11172010 Under the doctrine of transferred intent the answer is yes.

In both criminal and tort civil wrong law when an intent to cause harm to one person results in harm to another person instead of the intended target the law transfers the intent to the actual harm. In this case the defendants intent transfers from the intended victim to the actual victim and can be used to satisfy the mens rea element of the crime that the defendant is being charged with. 1242018 Transferred intent is a legal theory that can apply to both torts personal injuries and criminal law.

The offenders intent is effectively transferred between the two victims. Under personal injury law a person is liable when he or she causes. Transferred intent is a theory of liability that holds a person responsible when the intention to harm one individual inadvertently causes a second person to be hurt instead.

Transferred intent is the legal principle that intent can be transferred from one victim or tort to another. Transferred Intent Law and Legal Definition. Transferred intent or transferred malice in English law is a legal doctrine when the intention to harm one individual inadvertently causes a second person to be hurt instead the perpetrator is still held responsible.

As long as the defendant intended to commit one of the five listed torts against A and ends up committing one of the five listed torts against B transferred intent will apply. Transferred intent permits the intent requirement of one of the five intentional causes of action to satisfy the intent requirement of the other. That means that proving of intent for an injury caused unintentionally is bypassed because the intent to cause one results in liability should one of the other five occur.

Battery assault false imprisonment trespass to land and trespass to chattels. The doctrine of transferred intent provides that when a defendant intends to harm victim A but ends up harming victim B the defendants criminal liability is determined with respect to his or her intent and conduct towards A. Indian law requires that offenders know of the danger they.