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TORTS
Battery, Assault, Transfer of Intent
| Question | Answer |
|---|---|
| Battery is | A volitional act with the intent or knowledge to a degree of substantial certainty that causes a harmful or offensive contact |
| Voluntary Act (battery): | A willful manifestation of the defendant's will; defendant must act - does not include: epileptic fits, reflexive/convulsive actions, or actions done while asleep - subjective test |
| Intent (battery): | The purpose (desire) to cause or with the knowledge to a degree of substantial certainty that a harmful or offensive contact will occur |
| Causes contact: | Can be direct (person to person); indirect (DE causes object to touch PL); or physical contact (contact with clothing or an object closely identified with the body) |
| Dual Intent Jurisdiction: | - A purpose (desire) to cause contact or knowledge to a degree of substantial certainty; AND - Must have a purpose (desire) or know of substantial certainty the contact will be harmful or offensive |
| Single Intent Jurisdiction: | You need to prove that there is intent for contact = purpose (desire) to cause contact or knowledge to a degree of substantial certainty that will cause contact |
| Can mistake be defense against an intentional tort? | No, Mistake is not a viable defense/argument - applies to all inten’l torts -- Exception: Unless the plaintiff induced the mistake |
| Offense: | (ii.) Bodily contact is offensive if it offends the reasonable sense of personal dignity --objective test |
| Harm: | (i.) Harm is the physical impairment of the body - objective test |
| Does it matter if person is unduly sensitive? | It doesn’t matter if a person is unduly sensitive unless DE knows PL is unduly sensitive. |
| Transfer of intent between torts | Allows PL who suffers a harmful or offensive contact to recover for a battery, even if DE only intended assault |
| Transfer of intent between people | If DE intends an assault or battery on one person but ends up acting on another person, the DE will be held liable for that individual in the same way as an intended target |
| What has to be proved for intent to transfer? | - Intent, but the remaining elements for the torts action still must be proven; only intent is transferable – If there is purpose or a degree of substantial certainty proven, a tort can transfer |
| Which intentional torts are transferrable? | Battery, Assault, False Imprisonment, Trespass to land, Trespass to Chattels |
| Which intentional torts are not transferable? | Infliction of Emotional Distress & Conversion |
| Assault: | An assault occurs when DE intends to cause apprehension of an imminent harmful or offensive contact. |
| What are the elements of Assault? | (1) Voluntary Act; (2) intent; AND (3) causes apprehension of an imminent harmful or offensive contact (battery) |
| What are the elements of Battery? | (1) Voluntary Act; (2) Intent; (3) causes contact; AND (4) harmful or offensive |
| Voluntary Act (assault): | The external manifestation of a willful act (subjective test) - does not include epileptic fits, reflexive/convulsive actions; or acts done asleep |
| Intent (assault): | Purpose or knowledge of a substantial certainty to cause an apprehension of an imminent battery (subjective test) -Specific harm isn’t needed; general intent to cause apprehension is all that is required to be responsible for the harm that occurs |
| causes apprehension of an imminent harmful or offensive contact | Purpose (desire) or knowledge of a substantial certainty to create/cause an apprehension of an imminent battery (objective test) -specfic harm not needed; general intent is enough for responsibility for any harm incurred |
| Does it matter if someone is not afraid? Does that negate assault? | No, apprehension isn't about fear; it's about the anticipation |
| Does someone have to be aware of the imminent battery for an assault to occur? | Yes, an individual has to be aware of the imminent battery to anticipate/apprehend the offensive or harmful contact - if not aware & anticipating imminent battery, it is NOT an assault |
| Does one's sensitivity/timidity matter in cases of assault? | One’s timidity/sensitivity is irrelevant unless (arguably) DE knew of sensitivity |
| Imminent Battery: | Consists of near immediate contact, occurs almost at once; does not account for future contact there must be a present and apparent ability to commit the battery (imminent battery) |
| Do imminent batteries require overt acts? | Typically, yes, unless together with acts and circumstances which may change the requirement for an imminent battery |
| Conditional threats: | - Not reasonable to rely upon the conditional threat as removing the imminent battery - May take away the imminent threat of bodily contact Consider - Does the conditional threat remove reasonable apprehension of imminent contact? |
Created by:
sij17
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