Battery Flashcards
What Is Battery (Howsie’s definition is the 2nd restatement)
An act done with the intention to cause harmful or offensive contact, and harmful or offensive contact occurs.
What are the elements of Battery?
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
What is transferred intent
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.
What is extended liability?
The acter is liable for all damages caused, not just those that were reasonably expected.
3rd restatement for offensive conduct
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.
What is the 3rd restatment definition for intent
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.