Battery

Question 1

Battery: Prima Facie Elements

Answer 1

1. Act is volitional
2. Intend to cause/Reasonably foresee harmful or offensive contact
3. Cause Direct or Indirect contact with another or third party
4. Harmful or Offensive Contact occurs

Question 2

Vosberg (1891): Intend to cause harmful or offensive contact

Answer 2

Actor (student kicking another during school) only needs to intend an unlawful contact, to be held liable for the consequences that follow.

Question 3

Garratt (‘55): Reasonably foresee with substantial certainty that harmful or offensive contact will occur

Answer 3

Actor (5 yr. old kid) knew, with substantial certainty, that moving the chair from under an elderly woman, she probably fall and hurt herself

Question 4

Russian Roulette Problem: When both parties are substantially certain

Answer 4

B/C both parties could be substantially certain, after numerous rounds that one of them was going to be shot, that Tim pulling the trigger made him liable.

Question 5

Fisher (’67): Contact with connected object intending to offend persons dignity

Answer 5

Motel manager commits offensive battery by knocking plate out of black man’s (Fisher) hand intending to offend his dignity.

Question 6

Leichtman (’94): If actor has knowledge that act will offend, and proceeds, he must be reprimanded to mitigate vigilantism

Answer 6

Radio DJ had knowledge that blowing smoke in anti-smoking advocates (Leichtman’s) face would offend him, and court ruled that claim should proceed to warn others that acts to incite violence will not be tolerated.

Question 7

Substantial Certainty Scale

Answer 7

Actor has substantial certainty of consequences from act and acts, it’s just like he intended to act.