Torts - Transferred Intent v. Negligence Clarification
Somehow having trouble wrapping my head around this...
For intent to transfer there must be a valid intentional tort committed in the first place? Yes?
If you and I are playing catch and I throw an errant ball, hitting a neighbor, that wouldn't be a battery but negligence of neighbor brings suit. Am I correct?
Edit with additional question:
As a young kid we played a game called Red Butt or in some places Butts Up. If you were out three times, you stood against a wall and got beaned with the ball. The intent of the thrower is to cause harmful contact, but the person at the wall has consented. If the thrower is errant and hits a bystander not playing the game, does intent transfer even though there was consent?
Posted Dec 6, 2018, 12:49 AM UTC · edited