Assault, Battery, Intent Flashcards
Elements of Battery
(1) An Act…(2) done with the intention of (3)bringing about a harmful or offensive (4)contact to a particular person
What is required to satisfy a battery,
Damages or contact?
Contact
Specific Intent
Purpose to cause tortious consequence
General Intent
Knowledge to a substantial certainty that contact would cause the tortious consequence
Non-viable defenses
Age
Mistake of fact
Mental capacity
Voluntary Intoxication
Transferred intent
Tort intended for one person, acts on another within the original 5 trespass writs
Five original trespass writs
Battery Assault False imprisonment Trespass to land Trespass to chattels NOT IIED or Conversion!!
Fisher case
What do we learn?
Contact with an item intimately connected to the person can constitute a battery
Ex. Car, purse, jacket
I.e. Direct contact is not required
Are damages required to satisfy battery?
What case tells us that?
No. Fisher was not physically injured, only pain and suffering from embarrassment. Still awarded damages
What case tells us consent can be implied based on our surroundings?
What principle does this case use?
Wallace. Crowded world principle. P was deemed to have given consent to non offensive contact due to her presence in a “crowded world”
Why was D liable for damages is Talmage case?
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
What are the elements of assault?
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
Is contact required to satisfy assault?
No
Are words alone enough to constitute assault?
How about fear?
No, must attempt contact.
No, must be reasonable apprehension
Are damages needed to satisfy assault?
No
