Battery

Question 0

Definition of Battery

Answer 0

A person is subject to liability for battery when they act intending to cause harmful or offensive contact, and then a harmful or offensive contact occurs.

Question 1

Define: Prima Facie Case

Answer 1

A case that, on it’s face, seems to present a case for recovery on the part of the plaintiff. If the Defendant presents no contradictory evidence, then the judge/ jury decide if they recover.

A plaintiff must prove the elements of their cause of action and overcome the defense of the Defendants.

Question 2

Elements of Battery

Answer 2

1) INTENT to cause a harmful or offensive contact
2) ACTUAL OCCURRENCE of harmful or offensive contact.
A) harmful contact is one which results in injury
B) offensive contact is a contact which is offensive to a reasonable sense of personal dignity.

Question 3

Requirement of fault

Answer 3

To recover in tort, plaintiff must allege (and prove) that Defendants conduct was either negligent or faulty.

Question 4

Cohen v. Smith

Offensive contact Rule

Answer 4

A contact will be offensive if Defendant knows that Plaintiff will find the contact offensive and nevertheless proceeds with the contact.