Unformatted text preview: Issue: Whether there was a battery Rule: Battery, the unlawful or offensive touching of another without their consent. Rational: The women was prewarned and knew what was going to happen. She also showed no resistance, so through her actions, it is reasonable for a person to assume that she consented to the act. Holding: Narrow: When a doctor works on a patients through a regultory action, and the patient does not resist and accepts the work done, then there is no battery because consent is given. Broad: If there is no resistance, after being warned of the actions that is going to go on, and the victim willfully participates, then there is no battery. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .
- Fall '11