Battery Flashcards

1
Q

Name Four Traditional “Intentional Torts?”

A

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

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2
Q

Elements of Battery

A

1, A acts,

  1. intending to cause a contact with B.
  2. The contact with B, that A intends is Harmful or offensive; and
  3. A’s act causes p to suffer a contact that is harmful or offensive.
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3
Q

What Is Offensive Contact?

A
  • Violates prevailing social standards
  • offends a reasonable sense of dignity
  • Offensive to an ordinary person, not unduly sensitive.
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4
Q

willful

A

adj. (13c) Voluntary and intentional, but not necessarily malicious.

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5
Q

What is meant by Indirect Contact?

A

Harmful contact (by indirect means)

  • Shooting
  • Dog ordered to attack
  • Explosion
  • Gas or poison
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6
Q

What is Extended Personality?

A

Fisher v. Carrousel Motor Hotel

- offensive grabbing of plate in a man’s hands. also a battery

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7
Q

DIC HOC

A

Defendant Intends to CAUSE Harmful / Offensive Contact

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8
Q

IAC (AND) HOCR

A

Imminent Apprehension of Contact AND Harmful / Offensive Contact Resulting.

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9
Q

Eggshell Victim Rule (Thin Skull Doctrine)

A

Vosburg V. Putney
“tortfeasor takes the victim as she finds him”
Liable for all injuries resulting from ACT.

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10
Q

Unintended Consequences Doctrine

A

If D Intends a Contact, D is liable for any result (eggshell victim rule)

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11
Q

Transferred Intent

A

Act, Intent, Consequence

  • Transferred across victims (In Re White)
  • Transferred across Intentional Torts (Not IIED)
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12
Q

Natural and Probable Consequences Doctrine

A

Assault causes P to fall / injure himself

= Assault and Battery

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