ntentional tort - I INTENTIONAL TORTS A Act...

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I. INTENTIONAL TORTS A. Act Requirement [ Sullivan ] Personal Harm B. Battery 1. Elements 1.a. Act 1.b. Intent to cause harmful or offensive contact with the person of another or a third person, or apprehension of immediate harmful or offensive contact 1.c. Harmful or offensive contact results 2. Defense – Privilege by consent 3. It is sufficient only to intend offensive contact, or contact that does not suit social propriety [ Vosburg , White ] 4. There must be substantial certainty that harmful or offensive contact would result. [ Garrett ] 5. An insane person can form intent and be held liable. [ McGuire v. Almy ] 6. Extension of body includes cane. [ Respublica v. De Longchamps ] 7. Transferred intent applicable C. Assault 1. Elements 1.a. Act 1.b. Intent to cause apprehension of contact 1.c.Plaintiff has actual apprehension of imminent contact 2. Conditional threates – A neighbor who says he’s going to come over and “take care” of you if you don’t shut up your dog is not liable for assault because the threat is not one of imminent action. 3.
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This note was uploaded on 10/28/2011 for the course BUSINESS ACCT 305 taught by Professor Poletti during the Spring '09 term at DeVry Columbus North.

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ntentional tort - I INTENTIONAL TORTS A Act...

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