TortOutline - flesh - BATTERY 1 Intent 2 Harmful/Offensive...

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INTENTIONAL TORTS BATTERY 1 Intent, knowledge to a substantial certainty (intent to act, not necessarily to harm) Garrett v. Dailey A. Motive / Malice is immaterial substantial certainty subjective test as to what actor THOUGHT would happen; B. Take victim as you find him Markley v. Whitman C. Transferred Intent – if you intend to hit one guy and hit the wrong guy, it is still battery 2 Contact : Δ ’s action must lead to a harmful/offensive contact with the person or something closely identified (wear/hold.) A. Injures, disfigures, impairs, pains, or offends a “reasonable person’s sense of personal dignity” Fisher v. Carousel B. “Offensive is Objective” - Hypersensitive reaction is insufficient Brzoska v. Olson 3 No Consent; not otherwise privileged A. MEDICAL – (i) Old rule: without consent = battery, even if medically sound (ii) Modern Rule: in maj. Internal operations, consent is taken to be general in nature in area of incision; exercise of sound prof. judgment B. EMERGENCY RULE: Can’t get it, can’t wait; ARP WOULD consent Moss v. Rishworth C. Conditional Consent – can be limited Ashcraft v. King (consented only to family blood) 4 Causation : touch caused harm, set cause in motion, “Thin-Skull” rule applies – overly-sensitive victims 5 D AMAGES - Compensatory; punitive when act was motivated by intent to injure or harm & punish Π 6 D EFENSES TO A SSAULT & B ATTERY A. Consent : express, implied, constructive (Emergency) B. Self-defense , defense of others (for 3 rd party, you must intervene for them – no “reasonable mistake”) (i) Proportionate (excessive = battery and further self-def. allowed); non-deadly(only as last resort to save another’s life) (ii) Reasonable apprehension of imminent contact (ARP in victim’s shoes Fraguglia v. Sala); more subj “jumpy” Nelson v. State (iii) Must be against culpably responsible actor ( Hattori ); third person unintentionally injured = oh well (Morris v. Platt) (iv) DUTY TO RETREAT – before using deadly force. No duty to retreat from home / business State v. Frizzelle C. Defense of Property (Actual v. Constructive force, Devices) (i) Mechanical Devices – can’t do indirectly what you can’t directly Katko v. Briney (ii) Right of Recapture – had possession when taken; taking was wrongful / no claim of right; incl. fraud D. Incompetents – kids have sufficient intent for battery; ins co. may have to pay; crazy = intent if voluntary ASSAULT (PROTECTS PEOPLE FROM FEAR OF HARMFUL / OFFENSIVE CONDUCT – EMOTIONAL INTEREST) 1. Act by Δ words generally not enough; must alter conduct with threat; “leering” not assault State v. Ingram BATTERY ASSAULT TRESPASS NEGLIGENCE STRICT LIABILITY 1. Intent 1. Intent 1. Act 1. Duty 1. Absolute Duty 2. Harmful/Offensive Contact 2. Apprehension 2. Unauthorized Entry 2. Breach (Act/Omission) 2. Breach 3. No Consent (not privileged) 3. Imminence 3. Wrong 3. Cause in Fact 3. Cause in Fact 4. Causation 4. Causation 4. Intent 4. Proximate Cause 4. Proximate Cause 5. No Consent 5. No consent 5. Actual Damage 5. Actual Damage 1
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2. Intent –
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  • Fall '05
  • Keating
  • Tort Law, assault, harm C. Scafidi, reasonably foreseeable harm

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