P ROFESSOR P ALMER T ORTS I – QUESTIONS W EEK 3 1. John kissed a sleeping woman who was not his spouse or his girlfriend. Has John committed battery? Yes because he intended the contact, doesn’t matter if she’s asleep. It’s offensive. 2. John tried to kiss a sleeping woman who was not his spouse or his girlfriend but the woman rolled over as John was bending down to kiss her. John never touched her. Has John committed an assault? No because she was not aware. 3. John was going to tap Hank on the shoulder but Hank turned just before the touching. John touched Hank in his open eye causing extensive damage. Did John commit a battery? No because he intended to touch the shoulder, not the eye, not harmful or offensive touching. 4. John tried to slug Hank but Hank moved in such a way that John ended with a slight, harmless touching of Hank. Has John committed a battery? Yes because he still intended to make the contact, battery is contact however slight, every touching done in anger is offensive. 5.
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