PLA 3277 Lecture Notes - Lecture 3: Cadaver, False Imprisonment, Mens Rea
23 Aug 2016
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Intent- tortfeasor must intend or desire to bring about a consequence but not necessarily the exact one. Must be aware that certain consequences are substantially certain to result from act. Intent is distinguished from motive which is connected to the reason for desiring consequence. Do(cid:374)"t ha(cid:448)e to i(cid:374)te(cid:374)d to kill, ha(cid:448)e to i(cid:374)te(cid:374)d to pull trigger. Did(cid:374)"t i(cid:374)te(cid:374)d for a(cid:374) elderl(cid:455) (cid:449)o(cid:373)a(cid:374) to (cid:271)e injured, but intended to pull the chair and have the person fall. State of mind (mens rea) separates intentional torts from negligence. Intent or desire to bring about a particular consequence. Must be aware that certain consequences are certain, resulting from his acts. To another act which is a tort (mean to do one thing, do something else) Battery- offensive or harmful touching the person or something closely connected to the person (taking so(cid:373)eo(cid:374)e"s purse off their ar(cid:373), taki(cid:374)g their hat, et(cid:272)(cid:895) Setting something in motion included (shooting someone (sending bullet))
