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SNAKENBERG v. THE HARTFORD6/26/1989
gs, Jr., described the law of privacy interests as "a haystack in a hurricane." Ettore v. Philco Television Broadcasting Corporation, 229 F.2d 481, 485 (3d Cir. 1956) cert. denied, 351 U.S. 926, 76 S.Ct. 783, 100 L.Ed. 1456 (1956).
By "obligations" we mean those duties owed between man and man which arise by agreement, by position of trust, or by operation of law. In law, these are commonly categorized as contracts, fiduciary duties, and torts, although the lines between them are not distinct.
The allegations against Snakenberg provide a simple illustration of how these different categories apply to a particular act. Snakenberg videotaped the girls while they were disrobing in the bedroom. That was the act. Volition is present, since he did the act of his own will. Because he thought out his course of conduct beforehand, he also acted deliberately. (Deliberation can be inferred from the fact that the equipment was set up in advance and was concealed in order to facilitate the act.) His purpose was to observe the girls as they changed swimsuits. His motive may have been to satisfy certain naughty lusts; or, as he claims, to protect his property from theft or some other reason: the complaints did not specify a motive. Since there was no allegation of malice, Snakenberg apparently harbored no ill will towards the girls.
If the actor did the act because he desired the result (purpose), the act is intentional. Thus, proving that the actor's purpose was to obtain the result is an alternate way to prove intent. While proof of purpose is sufficient to prove intent, it is not necessary to prove intent. As explained above, intent may be proven without reference to the actor's purpose.
Although malice is irrelevant for proving liability, evidence of malice may be considered on the issue of punitive damages.
One reason intent, deliberation, purpose, and motive are often confused is that they are used synonymously in ordinary speech. This can be illustrated by considering the following sentences:
"He intentionally broke the dish."
"He deliberately broke the dish."
"He broke the dish on purpose."
"He meant to break the dish."
In common understanding, each of these sentences means the same thing: i.e., the actor's purpose was to break the dish. Judges also tend to use "intent" "deliberate," "purpose" and "motive" interchangeably to indicate purpose. Unfortunately, these usages are so entrenched in judicial writing that they are unlikely to change. The result will be to continue to confuse what is meant in law by "intent."
William Wordsworth, London 1802.
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