Transferred Intent a/k/a “Extended Liability”
Whenever a person intends to commit a battery, an assault, or false imprisonment, he or she is liable for any of these three torts to either the intended victim or others nearby, regardless of whether foreseeable, intended, or not.
- Example : Drew intended to frighten Sophia and threw a bottle at Sophia. Sophia ducked and the bottle hit Nicholas. Nicholas can sue Drew for battery because the assault resulted in harmful offensive contact. Sophia may also sue Drew for assault.
- Example : Joseph attempted to punch Jamie because Jamie had insulted Joseph’s girlfriend. The punch missed, hitting Laura instead. Joseph is liable for Laura’s battery, even though the hit was accidental or negligent.