For example, if Defendant waives a gun at Plaintiff, placing Plaintiff under reasonable apprehension of an immediate pistol whipping and in that same motion the pistol strikes Plaintiff, Defendant would be liable for battery even if he intended to commit only an assault due to transferred intent.
However, does transferred intent apply where the Defendant had merely general intent?
In other words, is it possible for a Defendant to be liable for both assault and battery due to one act on the part of the Defendant?I am trying to determine whether or not, regardless of intent, could Defendant first be liable for assault and then battery for the same action. In other words, does transferred intent negate the first tort that the Defendant committed? Or does it supplement it? I know that the answer is much more simpler than I am making it out to be, but for some reason I'm really hung up on this issue. I hope that I'm articulating my question clearly.
Negligence and personal injury Pain and suffering Emotional distress caused by personal injury Premises liability for personal injuries Personal injury Personal injury settlement Assault and personal injury Battery and personal injury Property liability Criminal charges for assault and battery
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