Degree of Intent
The degree and quality of intent in civil (tortious) battery is different to that for criminal battery. The degree and quality of intent sufficient for battery also varies between common law countries, and often within differing jurisdictions of those countries. In Australia, negligence in an action is sufficient to establish intent. In the United States, intention to do an act that ultimately results in contact is sufficient for the tort of battery, while intention to inflict an injury on another is required for criminal battery.
Intent can be transferred with battery, i.e. a person swings to hit one person and misses and hits another. He or she is still liable for a battery. Intent to commit a different tort can transfer in the same way. If a person throws a rock towards one person intending only to scare them (but not to hit them), they will be liable for battery to a different person who is hit by that rock.
Read more about this topic: Battery (tort)
Famous quotes containing the words degree of, degree and/or intent:
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—Thomas Jefferson (1743–1826)
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—Johan Huizinga (1872–1945)
“Still, it will sometimes strike a scientific man that the philosophers have been less intent on finding out what the facts are, than on inquiring what belief is most in harmony with their system.”
—Charles Sanders Peirce (1839–1914)