Intentional Torts

Question 1

Battery

Answer 1

An act, with 1) intent to cause contact, which results in a 2) contact that is 3) harmful and offensive, and 4) is unconsented.

Question 2

Act

Answer 2

Conscious and volitional.

Question 3

Intent

Answer 3

Intent is purpose or knowledge to bring about a specific result. It can be specific, in which a particular result is sought, or general, in which one intends only their action.

Question 4

Battery: Harmful or offensive

Answer 4

A contact is harmful if it causes pain or an alteration in the structure of function of a body part.
It is offensive if it would be injurious to a reasonable persons sense of dignity.

Question 5

Consent

Answer 5

The plaintiff must prove as part of their primia facia case that they did not consent. If they did consent, either explicitly or impliedly, they have no case.

Question 6

Assault

Answer 6

An act, with 1) intent to cause 2) imminent 3) reasonable apprehension of a 4) harmful or offensive contact.

Question 7

Mere words will never be

Answer 7

An assault

Question 8

An assault will not be recognized when the defendant

Answer 8

Did not have the imminent ability to threaten the plaintiff. For example, a physical barrier between the two means no assault occurred. Similarly, threats of future action or conditional threats are insufficient