2) IT - Battery Flashcards
battery (def)
D intentionally causes harmful or offensive contact w P’s body or something closely physically connected thereto
battery: elements
1) intent
2) harmful OR offensive contact
3) to a person’s body or something closely physically connected thereto
intent: 2 kinds
EITHER:
1) D desired to bring about contact, OR
2) D knew (actual) that contact was virtually certain to result from her actions
harmful conduct: def
inflicts any physical discomfort whatsoever
offensive contact: def
offensive to an RP
EXCEPTION: unless D knows of P’s particular susceptibility (then still liable)
offensive contact: particular susceptibility
still liable!
contact: with what?
still counts if it’s something close to P (cane, glasses, book)
contact: direct?
doens’t have to be –> ok just set in mxn (throw rock)
contact: D aware?
not necessary
contrast assault
battery: common defense
consent