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Question 1
Homer has a stash of Butterfinger bars hidden away in a drawer. One day, Bart finds the candy bars, takes them out to the backyard and begins to eat them. Homer catches Bart eating his candy bars and begins to throw rocks at Bart in order to scare him away. Bart sees the rock coming at him and dives out of the way. Unfortunately, as Homer is throwing his rock, Marge comes outside to tell Homer that dinner is ready. The rock that was meant for Bart, hits Marge in the head, leaving her with a concussion. Homer will be liable for:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Transferred intent is a doctrine that, essentially, allows Defendant to be held liable for an intentional tort he intended to commit against A but instead, accidentally committed against B. In order to accurately analyze such a situation you must ask two questions: First, if contact had been made with the intended object, would there have been a tort and, second, if the object with which contact was made had been the intended object, would there have been a tort' If the answer to both questions is "yes", transferred intent will apply. If the answer to either or both questions in "no", transferred intent will not apply. Here, had Homer hit Bart he would have committed the tort of battery, and, if Marge had been the intended target in the first place, Homer would have committed the tort of battery as well. Therefore, there is transferred intent and Homer is liable to Marge for the battery. Further, he is also liable to Bart for the initial assault.
Incorrect! Transferred intent is a doctrine that, essentially, allows Defendant to be held liable for an intentional tort he intended to commit against A but instead, accidentally committed against B. In order to accurately analyze such a situation you must ask two questions: First, if contact had been made with the intended object, would there have been a tort and, second, if the object with which contact was made had been the intended object, would there have been a tort' If the answer to both questions is "yes", transferred intent will apply. If the answer to either or both questions in "no", transferred intent will not apply. Here, had Homer hit Bart he would have committed the tort of battery, and, if Marge had been the intended target in the first place, Homer would have committed the tort of battery as well. Therefore, there is transferred intent and Homer is liable to Marge for the battery. Further, he is also liable to Bart for the initial assault.
Question 2
Homer and Bart are throwing rocks at some squirrels in their backyard. Homer, who has notoriously bad aim, misses the squirrel he was aiming for and, instead, the rock ends up flying toward Bart. Bart sees the rock coming and dives out of the way. Unfortunately, as Homer is throwing his rock, Marge comes outside to tell Homer that dinner is ready. The rock that was meant for the squirrel hits Marge in the head, leaving her with a concussion. Homer will be liable for:
Correct Transferred intent is a doctrine that, essentially, allows Defendant to be held liable for an intentional tort he intended to commit against A but instead, accidentally committed against B. In order to accurately analyze such a situation you must ask two questions: First, if contact had been made with the intended object, would there have been a tort and, second, if the object with which contact was made had been the intended object, would there have been a tort' If the answer to both questions is "yes", transferred intent will apply. If the answer to either or both questions in "no", transferred intent will not apply. Here, had Bart or Marge been Homer's intended targets, Homer would have been liable for an assault on Bart and a Battery on Marge. However, Had Homer made contact with the iniitial target, the squirrel; there would not have been a tort because it is not tortious to hit squirrels with rocks. Therefore, there is no transferred intent here and Homer will not be liable for anything.
Incorrect! Transferred intent is a doctrine that, essentially, allows Defendant to be held liable for an intentional tort he intended to commit against A but instead, accidentally committed against B. In order to accurately analyze such a situation you must ask two questions: First, if contact had been made with the intended object, would there have been a tort and, second, if the object with which contact was made had been the intended object, would there have been a tort' If the answer to both questions is "yes", transferred intent will apply. If the answer to either or both questions in "no", transferred intent will not apply. Here, had Bart or Marge been Homer's intended targets, Homer would have been liable for an assault on Bart and a Battery on Marge. However, Had Homer made contact with the iniitial target, the squirrel; there would not have been a tort because it is not tortious to hit squirrels with rocks. Therefore, there is no transferred intent here and Homer will not be liable for anything.