harm falls on a different victim. It can also occur where the defendant commits one
intentional tort, and the intent associated with that tort transfers to another intentional
tort. The intentional torts that apply to transferred intent are Battery, Assault, Trespass
to Chattels, Trespass to Land and False Imprisonment.
Walt committed a volitional act because of his affirmative act of spraying water from his
garden hose into Rick's yard. Walt committed an intentional act because he desired to
disrupt the rehearsal by spraying with water. All reasonable persons would agree that
being sprayed by water is an offensive touching. Cal will argue that although Walt
intended to hit Rick, he still committed a battery under the theory of transferred intent,
because he hit him instead. As well, Cal will argue that his was both a harmful and
offensive touching because he was hit by water and shocked by his electric guitar when
it got wet.
Therefore, Cal can bring a claim of battery against Walt.
B. Assault Due to Transferred Intent
Under Tort Law, assault is a volitional and intentional act by defendant which results in
plaintiff's reasonable apprehension of a harmful or offensive touching to their
person. The intent associated with tortious assault is that the defendant desired the
result, plaintiff's apprehension of a harmful or offensive touching, or that he was
substantially certain that his act would result in it. Transferred intent can occur as a
result of the defendant's intent to target one party, but instead the harm falls on a
different victim. It can also occur where the defendant commits one intentional tort, and
the intent associated with that tort transfers to another intentional tort. The intentional
torts that apply to transferred intent are Battery, Assault, Trespass to Chattels, Trespass
to Land and False Imprisonment.
Walt committed a volitional act because of his affirmative act of spraying water from his
garden hose into Rick's yard. Walt committed an intentional act because he desired to
disrupt the rehearsal by spraying with water. All reasonable persons would agree that