Torts 612, Practice Examination Santanelli #5781 - Torts 612 Practice Examination Santanelli#5781 Susie v Tommy B Battery Battery is the intentional

Torts 612, Practice Examination Santanelli #5781 - Torts...

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Torts 612, Practice Examination Santanelli #5781 Susie v. Tommy B. Battery Battery is the intentional causation of harmful or offensive contact to the plaintiff's person. Intent. Tommy may not have intended to hit Susie with his car. Even if his intent was not to hit Susie, Tommy may nonetheless have intended a harmful or offensive touching. This is sufficient to constitute intent. Causation. Tommy actions clearly caused Susie to hit the ground. But for him driving his car into in and running the red light , and his actions were the direct and proximate cause of her being hit by the car and injury her. Harmful or Offensive Contact, a severe concussion and facial injuries. Susie v.Tommy A. Negligence An individual is liable for the foreseeable results of his negligent conduct when he has (1) a duty (2) that duty is breached, (3) the breach of duty caused the plaintiffs injury and (4) the plaintiff suffers damages. i. Duty a. Foreseeable Plaintiff Sussie was clearly a foreseeable plaintiff as Tommy not paying attention and running the light. She was directly in danger b. Standard of Care The standard of care for individuals is objective. One must behave as would a reasonable person under the circumstances. Here, Tommy knew that he he has a standard of care for all people when he is driving a car..
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