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3702 In intentional tort cases, a result is intended if the defendant acted for the purpose of bringing it about, or with substantial certainty that it would occur; mistake of fact may be asserted and proven as an affirmative defense to intentional tort liability, but only if the facts defendant mistakenly believed to be true would have made his/her act lawful or nontortious; intentionally recording a confidential communication may constitute an actionable invasion of privacy regardless of whether the person recording it believes it will be published.
MARICH v MGM/UA (Drug Overdose) 113 CA4 415 [See: PenC 631, 632, 634; REST (2d) Torts 8A(com.b); People v Superior Court (Smith) 70 C2 123; Flanagan v Flanagan 27 C4 766, T/AT 4/02]
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