Tort Flashcards
Battery
- Intentional
- Cause
- Harmful or offensive physical contact with the victim.
Contact
harmful if it impairs someone’s physical condition OR causes physical pain or illness.
Contact is offensive
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.
Intent
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.
Assault
the actor engage in conduct that is intended to and does cause the victim to reasonably apprehend imminent battery.
- Imminent harmful or offensive contact.