I
I. Intentional Torts
Battery: [P bears burden of proof of the elements]
• Act
• Intent: To cause harmful or offensive contact OR imminent apprehension of such contact
• Effect: Harmful or offensive contact occurs
• [link I & E]
• Causation: the act causes the effect
• Damages [briefly mention on exam]
A. Harmful Battery: Elements
2. Battery type Intent: (as a legal term of art) –RELATES TO EFFECT element [assume all acts are intentional/volitional and focus on the object of the action: ‘intent to destroy in whole or in part an ethnic group’ OR ‘intent to make a harmful or offensive contact’ OR ‘intent to confine’;
3. Effect: CONTACT occurs either w/ P’s person or w/something very closely associated therewith [like plate in Carousel; or particulate matter from deliberate smoke]; or when P/Garratt hit the ground
Harmful Contact:
a. Contact does not have to be direct; it can be slightly removed
(kick, hitting the ground, bullet entering body, ingestion of food/poisoning).
b. “Harm” requirement is VERY low, but perhaps not as low as b4 offensive battery was recognized
c. Brief and/or minor pain is generally sufficient to establish the effect element, although such contact may not merit much in terms of a damages award [if low, = low $$]
4. Causation: link b/t the act and the effect [bc boy volitionally pulled chair and P hit the ground, injury resulted—broke hip]
5. Harm/damages: extent to which victim was harmed by wrongful act; usually $$$
a. Bodily Harm: any physical impairment of the condition of another’s body or
physical pain or illness.
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