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:
“There is always a degree of ridicule that attends a disappointment, though often very unjustly, if the expectation was reasonably grounded; however, it is certainly most prudent not to communicate, prematurely, ones hopes or ones fears.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (16941773)
“To the degree that respect for professors ... has risen in our society, respect for writers has fallen. Today the professorial intellect has achieved its highest public standing since the world began, while writers have come to be called men of letters, by which is meant people who are prevented by some obscure infirmity from becoming competent journalists.”
—Robert Musil (18801942)
“Young, and so thin, and so straight.
So straight! as if nothing could ever bend her.
But poor men would bend her, and doing things with poor men,
Being much in bed, and babies would bend her over,
And the rest of things in life that were for poor women,
Coming to them grinning and pretty with intent to bend and to kill.”
—Gwendolyn Brooks (b. 1917)