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I dont understand intent

Posted: Fri May 16, 2014 9:40 pm
by unclej
I don't get the intent part of intentional torts.
Yeah, I know the defendant has to "know with substantial certainty" blah blah

I dont know how to ask my question so I will give you an example. for battery: Does the defendant have to intend for the act to be harmful or offensive?
Let's say there is a country where people punch each other in the face to say "hello"
A person in that country moves to the US and he punches me in the face. He did not mean to be offensive or harmful, he was just saying hello. Has he committed battery?

Re: I dont understand intent

Posted: Fri May 16, 2014 9:46 pm
by Nova
pretty sure battery is a general intent offense.

You don't have to intend the harm, just the act

Re: I dont understand intent

Posted: Fri May 16, 2014 10:00 pm
by vinnnyvincenzo
Nova wrote:pretty sure battery is a general intent offense.

You don't have to intend the harm, just the act
depends on the Jx. if it is dual intent then you have to intend both the action and the result. i.e. intend to touch someone and intend it to be offensive/harmful. single intent is the quoted.

Re: I dont understand intent

Posted: Fri May 16, 2014 10:20 pm
by lawhopeful10
Yea depends on the jurisdiction. Some all you need is intent to touch others you actually need to intend harm.