Assault, Battery, Intent Flashcards

1
Q

Elements of Battery

A

(1) An Act…(2) done with the intention of (3)bringing about a harmful or offensive (4)contact to a particular person

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2
Q

What is required to satisfy a battery,

Damages or contact?

A

Contact

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3
Q

Specific Intent

A

Purpose to cause tortious consequence

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4
Q

General Intent

A

Knowledge to a substantial certainty that contact would cause the tortious consequence

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5
Q

Non-viable defenses

A

Age
Mistake of fact
Mental capacity
Voluntary Intoxication

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6
Q

Transferred intent

A

Tort intended for one person, acts on another within the original 5 trespass writs

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7
Q

Five original trespass writs

A
Battery
Assault
False imprisonment
Trespass to land
Trespass to chattels
NOT IIED or Conversion!!
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8
Q

Fisher case

What do we learn?

A

Contact with an item intimately connected to the person can constitute a battery
Ex. Car, purse, jacket

I.e. Direct contact is not required

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9
Q

Are damages required to satisfy battery?

What case tells us that?

A

No. Fisher was not physically injured, only pain and suffering from embarrassment. Still awarded damages

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10
Q

What case tells us consent can be implied based on our surroundings?
What principle does this case use?

A

Wallace. Crowded world principle. P was deemed to have given consent to non offensive contact due to her presence in a “crowded world”

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11
Q

Why was D liable for damages is Talmage case?

A

When the D intends any one of the five torts that fall within the trespass writ; battery, assault, false imprisonment, trespass to land, trespass to chattels; and accomplishes any one of the five, the doctrine applies and the D is liable, even if the P was not the intended target. Transferred intent

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12
Q

What are the elements of assault?

A

An unlawful (1)attempt to touch the person of another in a (2) rude or angry manner under such circumstances as to create in the mind of the party alleging the assault (3) reasonable apprehension of (4) imminent battery

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13
Q

Is contact required to satisfy assault?

A

No

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14
Q

Are words alone enough to constitute assault?

How about fear?

A

No, must attempt contact.

No, must be reasonable apprehension

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15
Q

Are damages needed to satisfy assault?

A

No

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16
Q

Is physical contact needed to satisfy assault?

Which case tells us that?

A

Love and pet case. D’s attempt (evidenced by P’s jumping back) was enough to constitute assault because she showed a reasonable apprehension of imminent battery.

17
Q

Is assault satisfied if D intends to miss?

A

Yes, imminent battery is still satisfied

18
Q

What if you didn’t see it coming?
Is it still assault?
How about battery?

A

Yes it is battery, however you must have apprehension to constitute assault