Battery

Question 1

What are the elements of battery?

Answer 1

1) Intent without consent
2) To cause contact
3) That is harmful or offensive
4) Harmful or Offensive Contact Occurs

Question 2

Is apprehension of battery more than fear?

Answer 2

YES! It is anticipation.

Question 3

If Plaintiff’s apprehension is not reasonable can defendant be held liable for the injury?

Answer 3

NO!; perhaps the defendant did not know that this would cause the plaintiff apprehension.

Question 4

What is Intent?

Answer 4

1) Purpose to produce consequence
2) Knowing that the consequence is substantially certain to occur.

Question 5

How do you determine whether something can be substantially certain to occur?

Answer 5

C-Capacity
U- Understanding
E- Experience

Question 6

What is Contact?

Answer 6

Direct physical body contact, such as a punch in the nose or Indirect (throwing something at them or touching their clothing).

Question 7

What does it mean to be harmful?

Answer 7

To cause physical bodily injury either directly or indirectly (smoke in the face, touching someone’s clothes, etc.)

Question 8

What does it mean to be Offensive?

Answer 8

When contact offends a reasonable sense of personal dignity

Question 9

What is an Exception to Battery?

Answer 9

One can expect to be reasonably touched in their everyday tasks.

Question 10

What is the difference between Dual Intent and Single Intent?

Answer 10

Dual Intent: Intent to make contact AND intended that contact to be harmful or offensive (MAJORITY RULE)

Single Intent: Intent to make contact (Minority Rule)

Question 11

Are parents liable for child battery?

Answer 11

NO!

Question 12

Are Mental Disabilities excused in Battery?

Answer 12

NO!; held to a reasonably prudent person standard.

Question 13

What are the damages you can recover for battery?

Answer 13

NO need for physical harm to recover:
1) Nominal Damages
2) Economic Damages
3) Pain and Suffering and Emotional Distress Damages
4) Punitive Damages

Question 14

Can a P recover damages when the contact does not “harm” but is “offensive”?

Answer 14

YES; P can recover nominal damages.

Question 15

How does transferred Intent work?

Answer 15

Must have TORTIOUS INTENT for intent to be transferred.