Battery Flashcards

1
Q

What Is Battery (Howsie’s definition is the 2nd restatement)

A

An act done with the intention to cause harmful or offensive contact, and harmful or offensive contact occurs.

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2
Q

What are the elements of Battery?

A

Intent, The act must be intended with either single intent( the conduct was intentional) or dual intent ( the act was intentional and subjectively intended for the outcome)

Harmful or offensive contact

Proximal cause

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3
Q

What is transferred intent

A

an act of battery or assault can be committed even if the person who filed the complaint was not the intended target of the action.

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4
Q

What is extended liability?

A

The acter is liable for all damages caused, not just those that were reasonably expected.

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5
Q

3rd restatement for offensive conduct

A

Contact is offensive if it offends a reasonable sense of personal dignity or if the actor knows that the conduct is highly offensive to the other’s usually sensitive sense of personal dignity.

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6
Q

What is the 3rd restatment definition for intent

A

A person who acts with the “intent to produce a consequence” is defined as either (1) the person acts with the “purpose of producing that consequence” or (2) the person acts “knowing that the consequence is substantially certain to result.

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