Tort Flashcards

1
Q

Battery

A
  1. Intentional
  2. Cause
  3. Harmful or offensive physical contact with the victim.
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2
Q

Contact

A

harmful if it impairs someone’s physical condition OR causes physical pain or illness.

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3
Q

Contact is offensive

A

if it would offend a reasonable person of ordinary firmness or if it is made without the victim’s consent at least if a reasonable person under the cir would find nonconsensual contact offensive.
- unusually sensitive person: the offensive; if the actor deliberately exploits a victim’s unusual sensitivity.

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4
Q

Intent

A

if the actor acts with either
1) the conscious objective to cause a certain result OR
2) Substantial certainty that her conduct will cause a certain result.
- Minimal graze: contract even if minimal. if it caused the boy physical pain.
- Contact was offensive because he was angry when the towel grazed him.
- Intent yes.

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5
Q

Assault

A

the actor engage in conduct that is intended to and does cause the victim to reasonably apprehend imminent battery.
- Imminent harmful or offensive contact.

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