Andrews v peters jokingly tapped on back of knee fell

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Andrews v. Peters – Jokingly tapped on back of knee, fell, injury i. Contact was offensive, intentional, harmful – even though the injury was not intentional ii. Rule: nature of intent required is irrelevant – intent to invade. iii. This was not socially appropriate conduct; physical jokes will typically be battery. 3. White v. Muniz – nursing home, dementia, hit nurse i. Difference between Polmatier : Russ had intent to kill, even though he was insane. ii. In this case, D lacked the mental state to recognize that her acts were harmful – the 1
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action must be a voluntary movement. iii. If she had been on the street and struck a pedestrian would be different b/c there was no duty. 4. White v. University of Idaho – p 35 check class notes e. Damages for Intentional Torts : 1. Types of Damages: i. Compensatory – awards suffered for harms ii. Punitive – damages intended to punish the D rather than compensate P. iii. Nominal – may be awarded instead of compensatory damages when P has suffered an injury but no harm; acknowledge act is harmful, but you won’t get any money for it. 2. Two Goals of Tort Law: i. To make victim whole again ii. Deterrence 3. Taylor v. Barwick – inmate poked, but no actual injury only nominal damages i. Law still recognized an invasion of his rights. 1. A SSAULT a. Definition (imminency + intent) 1. Apprehension of contact; if someone throws a knife at your back, would only be battery b/c you didn’t perceive the harmful contact. 2. Injury can be both assault and battery if victim perceives the impending contact. 3. Has an intent requirement – can be inferred 4. Harm or threat of harm must be imminent 5. Policy behind this tort – want to have the peace of mind from harmful contact; we want to create a civil society. b. Intending Apprehension of Imminent Contact 1. Cullison v. Medley : Man flirts w/ 16 year old girl; father and family threatens him w/ gun later that night i. Apprehension is one which must be normally aroused in a reasonable person ii. Psychological suffering not relevant to finding assault, but useful for damages as part of the harm suffered iii. Assault is not the amount of harm; but “was there a threat” 2. Brower v. Akerly : billboards, threatening phone calls i. Phone calls did not provide imminent threat – threat must be immediate in nature to be assault. ii. To prove assault, must show imminency + intent. iii. Fear not necessary element iv. Word alone are not enough to make an actor liable “unless together with other acts or circumstances they put the other in reasonable apprehension of an imminent harmful or offensive contact with his person.” v. Apprehension of imminent threat based on perception of victim. c. Transfer of Intent Among People and Between Torts : 1. Hall v. McBryde : shoots at drive by, accidentally shoots neighbor (would have to make sure that bullet was from D’s gun to find him liable) i. Restatement: if act is done with the intention of affecting a third person, but causes harmful bodily contact to another, the actor is liable to such other as though he intended to affect him.
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Christopher Reinemann
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