Battery

Question 1

When does a battery arise?

Answer 1

Arises whenL

• Δ intentionally cause
• a harmful or offenseive contact
• with the plaintiff or something closely connected to the plaintiff

(designed to protect our bodily integrity)

Question 2

What are the elements of battery?

Answer 2

1. Intent
2. Harmful or offensive contact
3. with a person or something closely connected to that person

Question 3

What does P have to establish to show intent for battery?

Answer 3

1. that the Δ desired there be contact OR
2. that the Δ knew contact was substantially certain to result from her conduct

Note - intent is different from motive

Question 4

What is transferred intent?

Answer 4

where Δ acts with the necessary intent for the intentional tort but causes injury to a different victim, the intent transfers to that wronged victim

Question 5

How does incompetency effect the element of intent in battery?

Answer 5

Whether a Δ is mentally incompetent or a minor, there can still be a finding that they possessed the intent even if a person is insame suffering from an insane delusion

Question 6

When is the element of harmful or offensive contact satisfied?*****

Answer 6

• Harmful & offensive
  
  • Any amount of physical discomfort that Δ causes is enough
• Offensive
  
  • Any contact that would be offensive to a reasonable person
    
    • UNLESS Δ knows of the particular susceptibility of P

Question 7

How is the element of contact with the person satisfied?

Answer 7

• Does not have to be direct contact
• setting a force in motion is enough
• P does not have to be aware of the contact @ the time it takes place

Question 8

What are the privileges & defenses to battery?

Answer 8

Consent comes up alot