Battery Flashcards
Name Four Traditional “Intentional Torts?”
1) Battery -i.e. intentional punch in the nose
2) Assault - i.e pointing a gun at someone and threatening to shoot them.
3) False Imprisonment i.e. locking someone in a room against their will.
4) IIED - Intentional Infliction of Emotional Distress
Elements of Battery
1, A acts,
- intending to cause a contact with B.
- The contact with B, that A intends is Harmful or offensive; and
- A’s act causes p to suffer a contact that is harmful or offensive.
What Is Offensive Contact?
- Violates prevailing social standards
- offends a reasonable sense of dignity
- Offensive to an ordinary person, not unduly sensitive.
willful
adj. (13c) Voluntary and intentional, but not necessarily malicious.
What is meant by Indirect Contact?
Harmful contact (by indirect means)
- Shooting
- Dog ordered to attack
- Explosion
- Gas or poison
What is Extended Personality?
Fisher v. Carrousel Motor Hotel
- offensive grabbing of plate in a man’s hands. also a battery
DIC HOC
Defendant Intends to CAUSE Harmful / Offensive Contact
IAC (AND) HOCR
Imminent Apprehension of Contact AND Harmful / Offensive Contact Resulting.
Eggshell Victim Rule (Thin Skull Doctrine)
Vosburg V. Putney
“tortfeasor takes the victim as she finds him”
Liable for all injuries resulting from ACT.
Unintended Consequences Doctrine
If D Intends a Contact, D is liable for any result (eggshell victim rule)
Transferred Intent
Act, Intent, Consequence
- Transferred across victims (In Re White)
- Transferred across Intentional Torts (Not IIED)
Natural and Probable Consequences Doctrine
Assault causes P to fall / injure himself
= Assault and Battery