Battery

Question 1

When does battery arise?

Answer 1

A battery arises where a defendant:

intentionally causes

a harmful or offensive contact,

with the plaintiff or something closely connected to plaintiff

Question 2

To establish intent, plaintiff must prove

Answer 2

Either:

1. ∆ desired to cause the immediate harmful or offensive contact; or
2. ∆ knew such contact was substantially certain to occur

Question 3

When is harmful or offensive contact element satisfied?

Answer 3

When ORP would find the contact harmful or offensive

Question 4

Must plaintiff be aware of the contact when it occurs?

Answer 4

No. Bodily intergrity is still invaded and plaintiff’s awareness doesn’t matter