Battery Flashcards
battery
The defendant’s acts are the (1) intended to inflict of (2) harmful or offensive (3) bodily contact.
intent for battery
Battery requires that the defendant must intend to make contact or a. Actual harm is not a requirement.
single intent
intent to make contact
dual intent
intent to make harmful or offensive contact
apprehension of contact [battery]
The plaintiff need not have actual awareness of the contact at the time it occurs If the defendant does not intend actual contact, but only apprehension of contact, he is still liable when contact results
harmful or offensive contact [battery]
Battery requires that the contact be reasonably harmful or offensive to a person of ordinary sensibilities.
harmful v. offensive pain [battery]
harmful causes pain or bodily injury. offensive is a personal sense of dignity
knowledge [battery]
however, if defedant knows that the victim is particularly sensitive to a specific type of contact, he will be liable for the resulting harm
contact [battery]
battery requires that actual bodily contact with the plaintiff occurs. contact goes beyond the consented to contact
personal effects [battery]
contact extends from the person to any object with which he is ‘intimately connected]
defenses [battery]
self-defense, defense of others, defense of property, retaking of land, recapture of chattels, necessity, discipline, shopkeeper’s privilege, legal authority, and in some jurisdictions, consent