Engler_Torts_Fall_2016.docx - Tort pg 2 Intentional One person acts intentionally in a way that causes injury to another Not intentional A tort is a

Engler_Torts_Fall_2016.docx - Tort pg 2 Intentional One...

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Tortpg. 2IntentionalOne person acts intentionally in a way that causes injury to anotherNot intentionalA tort is a civil action not a criminal actionSomeone suing for compensation BatteryIntentional unprivileged and either harmful or offensive contact with another personTo be intentional, the act must have been done “for the purpose of causing the contact or apprehension or with knowledge . . . that such contact or apprehension is substantially certain."Generally it is up to the plaintifto prove the casePlaintiff doesn’t have to show the lack of privilege Defendant can use privilege as a defense i.e. actor owes no duty to refrain The elements of battery are: (1) an intentional act done to cause a harmful or offensive contact or an apprehension of such contact toanother person,(2) without valid consent, and (3) without privilege. Restatement § 18. Battery: Offensive Contact (1) An actor is subject to liability to another for battery if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) an offensive contact with the person of the other directly or indirectly results. (2) An act which is not done with the intention stated in Subsection (1,a) does not make the actor liable to the other for a mere offensive contact with the other's person although the act involves an unreasonable risk of inflicting it and, therefore, would be negligent or reckless if the risk threatened bodily harm. Harmful/offensiveOffensiveOffends a reasonable sense of personal dignity “Offensive to a reasonable sense of personal dignity.” Offensive may mean disagreeable, nauseating, painful due to outrage, or insulting. Vosburg – yesIntended offensive contact Hypo (touch person in class and injure them – no Did not offend offensive contact Justice and fairness pg. 36-37The simple fact that A causes harm to B is enough for liabilitySignificant financial recovery for victims of battery act as a deterrent DamagesNominalSmall in amount often a dollar, only in intentional tort cases CompensatoryReflect harm actually suffered Punitive 1
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Designed to punish defendant for wrong doingMay be substantial in amount Vicarious liabilitythe responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.PrivilegeSelf defenseMore privilegeDefense of propertyLess privilege Vosburg v. Putney 1981 pg. 12Rule of LawIn an action to recover for assault and battery, the plaintif must show that either the intent behind the defendant’s actions is unlawful or the defendant’s conduct itself is unlawful.
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