Practice Quiz

Paralegal Exam Prep

Category - Torts

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Angry at Steve because Steve struck him out in a baseball game, Sam threw a bat at Steve. The bat missed Steve but hit Sonny, fracturing Sonny's leg. Sonny sued Sam for the tort of battery. Sam's defense was that he did not intend to hit Sonny. Who will win?
  1. Sam will win because of the last clear chance doctrine.
  2. Sonny will win because he was injured.
  3. Sonny will win because of strict liability.
  4. Sam will win because he had no intent to hit or hurt Sonny.
  5. Sonny will win based on the doctrine of transferred intent.
Explanation
Answer: E. Sonny will win based on the doctrine of transferred intent. Even though Sam did not have intent to hit or hurt Sonny, he did have intent to hit Steve. For intent to exist, the plaintiff only has to prove that the defendant intended to cause a battery and did in fact cause a battery. The defendant's act is considered intentional even though the plaintiff was not the defendant's intended target.
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