Torts

Question 1

BATTERY

Answer 1

A volitional act with intent to cause harmful or offensive contact with a person, and causes harmful or offensive contact with a person or third party, directly or indirectly.

Volitional – you decide to do it; exercise your will.

Intent – desire to cause the battery or knowledge to a substantial certainty it will occur.

Harmful – physical bodily damage or impairment. Doesn’t matter if harm is worse than intended. Don’t have to be aware of the contact.

Offensive – what would be offensive to an ordinary person not unduly sensitive as to personal dignity.

Contact – with a person or something integrally connected to a person, or you create the circumstances.

Damages – nominal if no physical injury/emotional harm; compensatory if physical injury or emotional harm; punitive if not just intentional, but malicious or outrageous.

Question 2

Is a minor liable for an intentional tort?

Answer 2

Yes, if knows act will lead to the consequence.

Question 3

Is an insane person liable for an intentional tort?

Answer 3

Yes, if can entertain the intent and does entertain the intent.

Question 4

Is an unconscious person liable for an intentional tort?

Answer 4

Not liable if suddenly stricken with illness and no reason to anticipate.

Question 5

Does motive or mistake negate intent?

Answer 5

No. Consiste of jokes, mistakes, act in good faith or with good motive.