Battery

Question 1

Elements

Answer 1

actor (i) intends to cause (ii) harmful or offensive (iii) contact with another person. The other person does not consent.

Question 2

Intent

Answer 2

Single intent and dual intent

Question 3

Single Intent

Answer 3

Defendant must intend contact (that ends up being harmful or offensive)

Question 4

Dual Intent

Answer 4

Defendant must intend contact and must intend that the contact be harmful or offensive

Question 5

Harmful

Answer 5

injury, blood, pain

Question 6

Offensive

Answer 6

the contact offends a reasonable sense of personal dignity or the contact is highly offensive to the other person’s unusually

Question 7

Contact

Answer 7

touching the person or the actor causes an offensive contact to clothing the victim is wearing, objects the victim is holding, or other objects that can legitimately be said to logical extensions of the victim’s person.

Question 8

Contemporaneous Awareness

Answer 8

does not matter if they are aware at the time and this is not an element of battery

Question 9

Eggshell Skull Plaintiffs

Answer 9

If A batters B, A is responsible for all damages incurred by B-even if those damages were not foreseeable and even if an ordinary victim would not have suffered these injuries or this extent of injuries

Question 10

Defendant liable for unforeseen consequences

Answer 10

D is not required to foresee the extent of damages in order to be held liable for all damages. D is still liable for any damages that ensue, even if D did not intend them and they could not have reasonably foreseen

Question 11

Respondent Superior

Answer 11

an employer is generally liable for the tortious conduct of an employee that occurs within the scope of employment

ask: employee or independent contractor