Intentional Torts - Battery Flashcards
Intentional Torts Involving Personal Injury - Generally
A prima facie case for any intentional tort, including those not involving injury, must include proof of an act, intent, and causation
Act
The act must be voluntary, meaning that the defendant must have directed the physical muscular movement.
Intent
The defendant acts intentionally if:
i) He acts with the purpose of causing the consequences of his act; or
ii) He acts knowing that the consequence is substantially certain to result.
Children and The Mentally Incompetent
A majority of courts hold that both children and those who are mentally incompetent can be held liable for intentional torts if they either act with a purpose of know the consequences of their acts with a substantial certainty
Transferred Intent
Transferred intent exists when a person intends to commit an intentional tort against one person but instead commits:
i) A different intentional tort against that person;
ii) The intended tort against a different person; or
iii) A different intentional tort against a different person
Battery - Elements
A defendant I liable to the plaintiff for battery when he:
i) Causes a harmful or offensive contact with the person of another; and
ii) Acts with the intent to cause such contact or the apprehension of such conduct
Lack of consent
There is no battery if the plaintiff consented to the act, either expressly or by virtue of participating in a particular event or situation
Example - bumped on a crowded subway
Harmful or Offensive Contact
Contact is harmful when it causes injury, physical impairment, pain or illness.
Contact is offensive when a person of ordinary sensibilities (i.e., a reasonable person) would find the contact offensive (objective test).
A defendant may be liable if he is aware that the victim is hypersensitive but proceeds to act nonetheless. In such a case, the fact that a reasonable person would not find the contact offensive is not a defense.
The plaintiff need not be aware of the contact when it occurs in order to recover.
Ex. Operation room attendant inappropriately touches the patient while she is under anesthesia
Plaintiff’s Person
Contact with anything connected to the plaintiff’s person qualifies as contact with the plaintiff’s person for the purposes of battery Ex. - a person’s clothing, a pet held on a leash
Causation
The act must in fact result in contact of a harmful or offensive nature. A defendant who sets in motion a chain of events that causes contact with the plaintiff, whether the contact is direct or indirect, is liable
Ex. - tripwire set by the defendant that causes the plaintiff to fall
Intent
To act intentionally, a defendant must act with either (i) the purpose of bringing about the consequences of that act or (ii) the knowledge that the consequences are substantially certain to occur
Single-intent rule - contact must be harmful or offensive the defendant need not intent that result
Dual-intent rule - a defendant may be required not only to intent to bring about a contact, but also intent that the contact be harmful or offensive
Doctrine of transferred intent applies to battery
Damages
No proof of actual harm is required; the plaintiff may recover nominal damages even though no actual damage occur (to vindicate his right to physical autonomy)
May states allow recovery of punitive damages if the defendant acted outrageously or with malice
Thin-skull rule - the defendant is not required to foresee the extent of damages in order to be held liable for all damages
